Bill Text: IL HB2418 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Provides that certificates of nomination and nomination papers for the nomination of school board candidates shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. Amends the School Code. In a Section concerning school board members, provides that, if a vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (now, with less than 868 days remaining in the term or less than 88 days before the next regularly scheduled election for the office), then the person so appointed shall serve the remainder of the unexpired term and no election to fill the vacancy shall be held.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2013-07-29 - Public Act . . . . . . . . . 98-0115 [HB2418 Detail]
Download: Illinois-2013-HB2418-Enrolled.html
Bill Title: Amends the Election Code. Provides that certificates of nomination and nomination papers for the nomination of school board candidates shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. Amends the School Code. In a Section concerning school board members, provides that, if a vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (now, with less than 868 days remaining in the term or less than 88 days before the next regularly scheduled election for the office), then the person so appointed shall serve the remainder of the unexpired term and no election to fill the vacancy shall be held.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2013-07-29 - Public Act . . . . . . . . . 98-0115 [HB2418 Detail]
Download: Illinois-2013-HB2418-Enrolled.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1A-16, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, 4-50, 5-7, | ||||||
6 | 5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, 6-79, | ||||||
7 | 6-100, 6A-1, 6A-2, 6A-3, 6A-4, 8-9, 9-1.8, 9-8.5, 9-9.5, | ||||||
8 | 10-6.2, 10-7, 10-9, 10-10, 17-23, 18A-15, 19-2, 19-2.1, 19-3, | ||||||
9 | 19-4, 19-7, 19A-15, 19A-70, 22-6, 24A-16, and 28-8 and by | ||||||
10 | adding Sections 1-12, 1A-16.5, 6-19.5, 24A-6.2, 24B-6.2, and | ||||||
11 | 24C-6.2 as follows:
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12 | (10 ILCS 5/1-12 new) | ||||||
13 | Sec. 1-12. Public university voting. Each appropriate | ||||||
14 | election authority shall, in addition to the early voting | ||||||
15 | conducted at locations otherwise required by law, conduct early | ||||||
16 | voting in a high traffic location on the campus of a public | ||||||
17 | university within the election authority's jurisdiction. For | ||||||
18 | the purposes of this Section, "public university" means the | ||||||
19 | University of Illinois at its campuses in Urbana-Champaign and | ||||||
20 | Springfield, Southern Illinois University at its campuses in | ||||||
21 | Carbondale and Edwardsville, Eastern Illinois University, | ||||||
22 | Illinois State University, Northern Illinois University, and | ||||||
23 | Western Illinois University at its campuses in Macomb and |
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1 | Moline. The voting required by this Section to be conducted on | ||||||
2 | campus must be conducted as otherwise required by Article 19A | ||||||
3 | of this Code. If an election authority has voting equipment | ||||||
4 | that can accommodate a ballot in every form required in the | ||||||
5 | election authority's jurisdiction, then the election authority | ||||||
6 | shall extend early voting under this Section to any registered | ||||||
7 | voter in the election authority's jurisdiction. However, if the | ||||||
8 | election authority does not have voting equipment that can | ||||||
9 | accommodate a ballot in every form required in the election | ||||||
10 | authority's jurisdiction, then the election authority may | ||||||
11 | limit early voting under this Section to registered voters in | ||||||
12 | precincts where the public university is located and precincts | ||||||
13 | bordering the university. Each public university shall make the | ||||||
14 | space available in a high traffic area for, and cooperate and | ||||||
15 | coordinate with the appropriate election authority in, the | ||||||
16 | implementation of this Section.
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17 | (10 ILCS 5/1A-16)
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18 | Sec. 1A-16. Voter registration information; internet | ||||||
19 | posting; processing
of voter registration forms; content of | ||||||
20 | such forms. Notwithstanding any law to
the contrary, the | ||||||
21 | following provisions shall apply to voter registration under
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22 | this Code.
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23 | (a) Voter registration information; Internet posting of | ||||||
24 | voter registration
form. Within 90 days after the effective | ||||||
25 | date of this amendatory Act of the
93rd
General Assembly, the |
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1 | State Board of Elections shall post on its World Wide Web
site | ||||||
2 | the following information:
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3 | (1) A comprehensive list of the names, addresses, phone | ||||||
4 | numbers, and
websites, if applicable, of all county clerks | ||||||
5 | and boards
of election commissioners in Illinois.
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6 | (2) A schedule of upcoming elections and the deadline | ||||||
7 | for voter
registration.
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8 | (3) A downloadable, printable voter registration form, | ||||||
9 | in at least English
and in
Spanish versions, that a person | ||||||
10 | may complete and mail or submit to the
State Board of | ||||||
11 | Elections or the appropriate county clerk or
board of | ||||||
12 | election commissioners.
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13 | Any forms described under paragraph (3) must state the | ||||||
14 | following:
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15 | If you do not have a driver's license or social | ||||||
16 | security number, and this
form is submitted by mail, and | ||||||
17 | you have never registered to vote in the
jurisdiction you | ||||||
18 | are now registering in, then you must send, with this
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19 | application, either (i) a copy of a current and valid photo | ||||||
20 | identification, or
(ii) a copy of a current utility bill, | ||||||
21 | bank statement, government check,
paycheck, or other | ||||||
22 | government document that shows the name and address of the
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23 | voter. If you do not provide the information required | ||||||
24 | above, then you will be
required to provide election | ||||||
25 | officials with either (i) or (ii) described above
the first | ||||||
26 | time you vote at a voting place or by absentee ballot.
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1 | (b) Acceptance of registration forms by the State Board of | ||||||
2 | Elections and
county clerks and board of election | ||||||
3 | commissioners. The
State Board of Elections, county clerks, and | ||||||
4 | board of election commissioners
shall accept all completed | ||||||
5 | voter registration forms
described in subsection (a)(3) of this | ||||||
6 | Section and Sections 1A-17 and 1A-30 that are:
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7 | (1) postmarked on or before the day that voter | ||||||
8 | registration is closed
under
the Election Code;
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9 | (2) not postmarked, but arrives no later than 5 days | ||||||
10 | after the close
of registration;
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11 | (3) submitted in person by a person using the form on | ||||||
12 | or before the
day that voter registration is closed under | ||||||
13 | the Election Code; or
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14 | (4) submitted in person by a person who submits one or | ||||||
15 | more forms
on behalf of one or more persons who used the | ||||||
16 | form on or before
the day that voter registration is closed | ||||||
17 | under the Election Code.
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18 | Upon the receipt of a registration form, the State Board of | ||||||
19 | Elections shall
mark
the date on which the form was received
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20 | and send the form via first class mail to the appropriate | ||||||
21 | county clerk or board
of
election commissioners, as the case | ||||||
22 | may be, within 2 business days based upon
the home address of | ||||||
23 | the person submitting the registration form. The county
clerk | ||||||
24 | and board of election commissioners shall accept and process | ||||||
25 | any form
received from the State Board of Elections.
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26 | (c) Processing of registration forms by county clerks and |
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1 | boards of election
commissioners. The county clerk or board of | ||||||
2 | election commissioners shall
promulgate procedures for | ||||||
3 | processing the voter registration form.
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4 | (d) Contents of the voter registration form. The State | ||||||
5 | Board shall create
a voter registration form, which must | ||||||
6 | contain the following content:
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7 | (1) Instructions for completing the form.
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8 | (2) A summary of the qualifications to register to vote | ||||||
9 | in Illinois.
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10 | (3) Instructions for mailing in or submitting the form | ||||||
11 | in person.
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12 | (4) The phone number for the State Board of Elections | ||||||
13 | should a person
submitting the form have questions.
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14 | (5) A box for the person to check that explains one of | ||||||
15 | 3 reasons for
submitting the form:
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16 | (a) new registration;
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17 | (b) change of address; or
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18 | (c) change of name.
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19 | (6) a box for the person to check yes or no that asks, | ||||||
20 | "Are you a citizen
of the United States?", a box for the | ||||||
21 | person to check yes or no that asks,
"Will you be 18 years | ||||||
22 | of age on or before election day?", and a statement of
"If | ||||||
23 | you checked 'no' in response to either of these questions, | ||||||
24 | then do not
complete this form.".
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25 | (7) A space for the person to fill in his or her home | ||||||
26 | telephone
number.
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1 | (8) Spaces for the person to fill in his or her first, | ||||||
2 | middle, and last
names, street address (principal place of | ||||||
3 | residence), county, city, state, and
zip code.
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4 | (9) Spaces for the person to fill in his or her mailing | ||||||
5 | address, city,
state, and zip code if different from his or | ||||||
6 | her principal place of residence.
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7 | (10) A space for the person to fill in his or her | ||||||
8 | Illinois driver's
license number if the person has a | ||||||
9 | driver's license.
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10 | (11) A space for a person without a driver's license to | ||||||
11 | fill in the last
four digits of his or her social security | ||||||
12 | number if the person has a social
security number.
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13 | (12) A space for a person without an Illinois driver's | ||||||
14 | license to fill in
his or her identification number from | ||||||
15 | his or her State Identification card
issued by the | ||||||
16 | Secretary of State.
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17 | (13) A space for the person to fill the name appearing | ||||||
18 | on his or her last
voter registration, the street address | ||||||
19 | of his or her last registration,
including the city, | ||||||
20 | county, state, and zip code.
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21 | (14) A space where the person swears or affirms the | ||||||
22 | following under
penalty of perjury with his or her | ||||||
23 | signature:
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24 | (a) "I am a citizen of the United States.";
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25 | (b) "I will be at least 18 years old on or before | ||||||
26 | the next election.";
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1 | (c) "I will have lived in the State of Illinois and | ||||||
2 | in my election
precinct at least 30 days as of the date | ||||||
3 | of the next election."; and
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4 | "The information I have provided is true to the | ||||||
5 | best of my knowledge
under penalty of perjury. If I | ||||||
6 | have provided false information, then I may be
fined, | ||||||
7 | imprisoned, or if I am not a U.S. citizen, deported | ||||||
8 | from or refused
entry into the United States."
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9 | (15) A space for the person to fill in his or her | ||||||
10 | e-mail address if he or she chooses to provide that | ||||||
11 | information. | ||||||
12 | (d-5) Compliance with federal law; rulemaking authority. | ||||||
13 | The voter
registration
form described in this Section shall be | ||||||
14 | consistent with the form prescribed by
the
Federal
Election | ||||||
15 | Commission under the National Voter Registration Act of 1993,
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16 | P.L. 103-31, as amended from time to time, and the Help America | ||||||
17 | Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||||||
18 | State Board of Elections
shall periodically update the form | ||||||
19 | based on changes to federal or State law.
The State Board of | ||||||
20 | Elections shall promulgate any rules necessary for the
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21 | implementation of this Section; provided that the rules
comport | ||||||
22 | with the letter and spirit of the National Voter Registration | ||||||
23 | Act of
1993 and Help America Vote Act of 2002 and maximize the | ||||||
24 | opportunity for a
person to register to vote.
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25 | (e) Forms available in paper form. The State Board of | ||||||
26 | Elections shall make
the voter registration form available in |
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1 | regular paper stock and form in
sufficient quantities for the | ||||||
2 | general public. The State Board of Elections may
provide the | ||||||
3 | voter registration form to the Secretary of State, county
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4 | clerks, boards of election commissioners, designated agencies | ||||||
5 | of the State of
Illinois, and any other person or entity | ||||||
6 | designated to have these forms by the
Election Code in regular | ||||||
7 | paper stock and form or some other format deemed
suitable by | ||||||
8 | the Board. Each county clerk or board of election commissioners | ||||||
9 | has
the authority to design and print its own voter | ||||||
10 | registration form so long as
the form complies with the | ||||||
11 | requirements of this Section. The State Board
of Elections, | ||||||
12 | county clerks, boards of election commissioners, or other
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13 | designated agencies of the State of Illinois required to have | ||||||
14 | these forms under
the Election Code shall provide a member of | ||||||
15 | the public with any reasonable
number of forms
that he or she | ||||||
16 | may request. Nothing in this Section shall permit the State
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17 | Board of
Elections, county clerk, board of election | ||||||
18 | commissioners, or other appropriate
election official who may | ||||||
19 | accept a voter registration form to refuse to accept
a voter | ||||||
20 | registration form because the form is printed on photocopier or | ||||||
21 | regular
paper
stock and form.
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22 | (f) (Blank). Internet voter registration study. The State | ||||||
23 | Board of Elections shall
investigate the feasibility of | ||||||
24 | offering voter registration on its website and
consider voter | ||||||
25 | registration methods of other states in an effort to maximize
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26 | the opportunity for all Illinois citizens to register to vote. |
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1 | The State Board
of Elections shall assemble its findings in a | ||||||
2 | report and submit it to the
General Assembly no later than | ||||||
3 | January 1, 2006. The report shall contain
legislative | ||||||
4 | recommendations to the General Assembly on improving voter
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5 | registration in Illinois.
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6 | (Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; | ||||||
7 | 95-331, eff. 8-21-07.)
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8 | (10 ILCS 5/1A-16.5 new) | ||||||
9 | Sec. 1A-16.5. Online voter registration. | ||||||
10 | (a) The State Board of Elections shall establish and | ||||||
11 | maintain a system for online voter registration that permits a | ||||||
12 | person to apply to register to vote or to update his or her | ||||||
13 | existing voter registration. In accordance with technical | ||||||
14 | specifications provided by the State Board of Elections, each | ||||||
15 | election authority shall maintain a voter registration system | ||||||
16 | capable of receiving and processing voter registration | ||||||
17 | application information, including electronic signatures, from | ||||||
18 | the online voter registration system established by the State | ||||||
19 | Board of Elections. | ||||||
20 | (b) The online voter registration system shall employ | ||||||
21 | security measures to ensure the accuracy and integrity of voter | ||||||
22 | registration applications submitted electronically pursuant to | ||||||
23 | this Section. | ||||||
24 | (c) The Board may receive voter registration information | ||||||
25 | provided by applicants using the State Board of Elections' |
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1 | website, may cross reference that information with data or | ||||||
2 | information contained in the Secretary of State's database in | ||||||
3 | order to match the information submitted by applicants, and may | ||||||
4 | receive from the Secretary of State the applicant's digitized | ||||||
5 | signature upon a successful match of that applicant's | ||||||
6 | information with that contained in the Secretary of State's | ||||||
7 | database. | ||||||
8 | (d) Notwithstanding any other provision of law, a person | ||||||
9 | who is qualified to register to vote and who has an authentic | ||||||
10 | Illinois driver's license or State identification card issued | ||||||
11 | by the Secretary of State may submit an application to register | ||||||
12 | to vote electronically on a website maintained by the State | ||||||
13 | Board of Elections. | ||||||
14 | (e) An online voter registration application shall contain | ||||||
15 | all of the information that is required for a paper application | ||||||
16 | as provided in Section 1A-16 of this Code, except that the | ||||||
17 | applicant shall be required to provide: | ||||||
18 | (1) the applicant's full Illinois driver's license or | ||||||
19 | State identification card number; | ||||||
20 | (2) the last 4 digits of the applicant's social | ||||||
21 | security number; and | ||||||
22 | (3) the date the Illinois driver's license or State | ||||||
23 | identification card was issued. | ||||||
24 | (f) For an applicant's registration or change in | ||||||
25 | registration to be accepted, the applicant shall mark the box | ||||||
26 | associated with the following statement included as part of the |
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1 | online voter registration application: | ||||||
2 | By clicking on the box below, I swear or affirm all of the | ||||||
3 | following: | ||||||
4 | (1) I am the person whose name and identifying information | ||||||
5 | is provided on this form, and I desire to register to vote in | ||||||
6 | the State of Illinois. | ||||||
7 | (2) All the information I have provided on this form is | ||||||
8 | true and correct as of the date I am submitting this form. | ||||||
9 | (3) I authorize the Secretary of State to transmit to the | ||||||
10 | State Board of Elections my signature that is on file with the | ||||||
11 | Secretary of State and understand that such signature will be | ||||||
12 | used by my local election authority on this online voter | ||||||
13 | registration application for admission as an elector as if I | ||||||
14 | had signed this form personally.". | ||||||
15 | (g) Immediately upon receiving a completed online voter | ||||||
16 | registration application, the online voter registration system | ||||||
17 | shall send, by electronic mail, a confirmation notice that the | ||||||
18 | application has been received. Within 48 hours of receiving | ||||||
19 | such an application, the online voter registration system shall | ||||||
20 | send by electronic mail, a notice informing the applicant of | ||||||
21 | whether the following information has been matched with the | ||||||
22 | Secretary of State database: | ||||||
23 | (1) that the applicant has an authentic Illinois | ||||||
24 | driver's license or State identification card issued by the | ||||||
25 | Secretary of State and that the driver's license or State | ||||||
26 | identification number provided by the applicant matches |
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1 | the driver's license or State identification card number | ||||||
2 | for that person on file with the Secretary of State; | ||||||
3 | (2) that the date of issuance of the Illinois driver's | ||||||
4 | license or State identification card listed on the | ||||||
5 | application matches the date of issuance of that card for | ||||||
6 | that person on file with the Secretary of State; | ||||||
7 | (3) that the date of birth provided by the applicant | ||||||
8 | matches the date of birth for that person on file with the | ||||||
9 | Secretary of State; and | ||||||
10 | (4) that the last 4 digits of the applicant's social | ||||||
11 | security number matches the last four digits for that | ||||||
12 | person on file with the Secretary of State. | ||||||
13 | (h) If the information provided by the applicant matches | ||||||
14 | the information on the Secretary of State's databases for any | ||||||
15 | driver's license and State identification card holder and is | ||||||
16 | matched as provided in subsection (g) above, the online voter | ||||||
17 | registration system shall: | ||||||
18 | (1) retrieve from the Secretary of State's database | ||||||
19 | files an electronic copy of the applicant's signature from | ||||||
20 | his or her Illinois driver's license or State | ||||||
21 | identification card and such signature shall be deemed to | ||||||
22 | be the applicant's signature on his or her online voter | ||||||
23 | registration application; | ||||||
24 | (2) within 2 days of receiving the application, forward | ||||||
25 | to the county clerk or board of election commissioners | ||||||
26 | having jurisdiction over the applicant's voter |
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1 | registration: (i) the application, along with the | ||||||
2 | applicant's relevant data that can be directly loaded into | ||||||
3 | the jurisdiction's voter registration system and (ii) a | ||||||
4 | copy of the applicant's electronic signature and a | ||||||
5 | certification from the State Board of Elections that the | ||||||
6 | applicant's driver's license or State identification card | ||||||
7 | number, driver's license or State identification card date | ||||||
8 | of issuance, and date of birth and social security | ||||||
9 | information have been successfully matched. | ||||||
10 | (i) Upon receipt of the online voter registration | ||||||
11 | application, the county clerk or board of election | ||||||
12 | commissioners having jurisdiction over the applicant's voter | ||||||
13 | registration shall promptly search its voter registration | ||||||
14 | database to determine whether the applicant is already | ||||||
15 | registered to vote at the address on the application and | ||||||
16 | whether the new registration would create a duplicate | ||||||
17 | registration. If the applicant is already registered to vote at | ||||||
18 | the address on the application, the clerk or board, as the case | ||||||
19 | may be, shall send the applicant by first class mail, and | ||||||
20 | electronic mail if the applicant has provided an electronic | ||||||
21 | mail address on the original voter registration form for that | ||||||
22 | address, a disposition notice as otherwise required by law | ||||||
23 | informing the applicant that he or she is already registered to | ||||||
24 | vote at such address. If the applicant is not already | ||||||
25 | registered to vote at the address on the application and the | ||||||
26 | applicant is otherwise eligible to register to vote, the clerk |
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1 | or board, as the case may be, shall: | ||||||
2 | (1) enter the name and address of the applicant on the | ||||||
3 | list of registered voters in the jurisdiction; and | ||||||
4 | (2) send by mail, and electronic mail if the applicant | ||||||
5 | has provided an electronic mail address on the voter | ||||||
6 | registration form, a disposition notice to the applicant as | ||||||
7 | otherwise provided by law setting forth the applicant's | ||||||
8 | name and address as it appears on the application and | ||||||
9 | stating that the person is registered to vote. | ||||||
10 | (j) An electronic signature of the person submitting a | ||||||
11 | duplicate registration application or a change of address form | ||||||
12 | that is retrieved and imported from the Secretary of State's | ||||||
13 | driver's license or State identification card database as | ||||||
14 | provided herein may, in the discretion of the clerk or board, | ||||||
15 | be substituted for and replace any existing signature for that | ||||||
16 | individual in the voter registration database of the county | ||||||
17 | clerk or board of election commissioners. | ||||||
18 | (k) Any new registration or change of address submitted | ||||||
19 | electronically as provided in this Section shall become | ||||||
20 | effective as of the date it is received by the county clerk or | ||||||
21 | board of election commissioners having jurisdiction over said | ||||||
22 | registration. Disposition notices prescribed in this Section | ||||||
23 | shall be sent within 5 business days of receipt of the online | ||||||
24 | application or change of address by the county clerk or board | ||||||
25 | of election commissioners. | ||||||
26 | (l) All provisions of this Code governing voter |
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1 | registration and applicable thereto and not inconsistent with | ||||||
2 | this Section shall apply to online voter registration under | ||||||
3 | this Section. All applications submitted on a website | ||||||
4 | maintained by the State Board of Elections shall be deemed | ||||||
5 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
6 | the final day for voter registration prior to an election. | ||||||
7 | After the registration period for an upcoming election has | ||||||
8 | ended and until the 2nd day following such election, the web | ||||||
9 | page containing the online voter registration form on the State | ||||||
10 | Board of Elections website shall inform users of the procedure | ||||||
11 | for grace period voting. | ||||||
12 | (m) The State Board of Elections shall maintain a list of | ||||||
13 | the name, street address, e-mail address, and likely precinct, | ||||||
14 | ward, township, and district numbers, as the case may be, of | ||||||
15 | people who apply to vote online through the voter registration | ||||||
16 | system and those names and that information shall be stored in | ||||||
17 | an electronic format on its website, arranged by county and | ||||||
18 | accessible to State and local political committees. | ||||||
19 | (n) The Illinois State Board of Elections shall submit a | ||||||
20 | report to the General Assembly and the Governor by January 31, | ||||||
21 | 2014 detailing the progress made to implement the online voter | ||||||
22 | registration system described in this Section. | ||||||
23 | (o) The online voter registration system provided for in | ||||||
24 | this Section shall be fully operational by July 1, 2014.
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25 | (10 ILCS 5/1A-25) |
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1 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
2 | The centralized statewide voter registration list required by | ||||||
3 | Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||||
4 | of 2002 shall be created and maintained by the State Board of | ||||||
5 | Elections as provided in this Section. | ||||||
6 | (1) The centralized statewide voter registration list | ||||||
7 | shall be compiled from the voter registration data bases of | ||||||
8 | each election authority in this State.
| ||||||
9 | (2) With the exception of voter registration forms | ||||||
10 | submitted electronically through an online voter | ||||||
11 | registration system, all All new voter registration forms | ||||||
12 | and applications to register to vote, including those | ||||||
13 | reviewed by the Secretary of State at a driver services | ||||||
14 | facility, shall be transmitted only to the appropriate | ||||||
15 | election authority as required by Articles 4, 5, and 6 of | ||||||
16 | this Code and not to the State Board of Elections. All | ||||||
17 | voter registration forms submitted electronically to the | ||||||
18 | State Board of Elections through an online voter | ||||||
19 | registration system shall be transmitted to the | ||||||
20 | appropriate election authority as required by Section | ||||||
21 | 1A-16.5. The election authority shall process and verify | ||||||
22 | each voter registration form and electronically enter | ||||||
23 | verified registrations on an expedited basis onto the | ||||||
24 | statewide voter registration list. All original | ||||||
25 | registration cards shall remain permanently in the office | ||||||
26 | of the election authority as required by this Code.
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1 | (3) The centralized statewide voter registration list | ||||||
2 | shall:
| ||||||
3 | (i) Be designed to allow election authorities to | ||||||
4 | utilize the registration data on the statewide voter | ||||||
5 | registration list pertinent to voters registered in | ||||||
6 | their election jurisdiction on locally maintained | ||||||
7 | software programs that are unique to each | ||||||
8 | jurisdiction.
| ||||||
9 | (ii) Allow each election authority to perform | ||||||
10 | essential election management functions, including but | ||||||
11 | not limited to production of voter lists, processing of | ||||||
12 | absentee voters, production of individual, pre-printed | ||||||
13 | applications to vote, administration of election | ||||||
14 | judges, and polling place administration, but shall | ||||||
15 | not prevent any election authority from using | ||||||
16 | information from that election authority's own | ||||||
17 | systems.
| ||||||
18 | (4) The registration information maintained by each | ||||||
19 | election authority shall be synchronized with that | ||||||
20 | authority's information on the statewide list at least once | ||||||
21 | every 24 hours.
| ||||||
22 | To protect the privacy and confidentiality of voter | ||||||
23 | registration information, the disclosure of any portion of the | ||||||
24 | centralized statewide voter registration list to any person or | ||||||
25 | entity other than to a State or local political committee and | ||||||
26 | other than to a governmental entity for a governmental purpose |
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| |||||||
1 | is specifically prohibited except as follows: subject to | ||||||
2 | security measures adopted by the State Board of Elections | ||||||
3 | which, at a minimum, shall include the keeping of a catalog or | ||||||
4 | database, available for public view, including the name, | ||||||
5 | address, and telephone number of the person viewing the list as | ||||||
6 | well as the time of that viewing, any person may view the list | ||||||
7 | on a computer screen at the Springfield office of the State | ||||||
8 | Board of Elections, during normal business hours other than | ||||||
9 | during the 27 days before an election, but the person viewing | ||||||
10 | the list under this exception may not print, duplicate, | ||||||
11 | transmit, or alter the list.
| ||||||
12 | (Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; | ||||||
13 | 95-331, eff. 8-21-07.)
| ||||||
14 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||||||
15 | Sec. 4-8. The county clerk shall provide a sufficient | ||||||
16 | number of blank
forms for the registration of electors, which | ||||||
17 | shall be known as
registration record cards and which shall | ||||||
18 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
19 | contain in plain writing and figures the
data hereinafter | ||||||
20 | required thereon or shall consist of computer cards of
suitable | ||||||
21 | nature to contain the data required thereon. The registration | ||||||
22 | record
cards, which shall include an affidavit of registration | ||||||
23 | as hereinafter
provided, shall be executed in duplicate.
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24 | The registration record card shall contain the following | ||||||
25 | and such
other information as the county clerk may think it |
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| |||||||
1 | proper to require for
the identification of the applicant for | ||||||
2 | registration:
| ||||||
3 | Name. The name of the applicant, giving surname and first | ||||||
4 | or
Christian name in full, and the middle name or the initial | ||||||
5 | for such
middle name, if any.
| ||||||
6 | Sex.
| ||||||
7 | Residence. The name and number of the street, avenue, or | ||||||
8 | other location of
the dwelling, including the apartment, unit | ||||||
9 | or room number, if any, and in the
case of a mobile home the lot | ||||||
10 | number, and such additional clear and definite
description as | ||||||
11 | may be necessary to determine the exact location of the
| ||||||
12 | dwelling of the applicant. Where the location cannot be | ||||||
13 | determined by
street and number, then the section, | ||||||
14 | congressional township and range
number may be used, or such | ||||||
15 | other description as may be necessary,
including post-office | ||||||
16 | mailing address. In the case of a homeless individual,
the | ||||||
17 | individual's voting residence that is his or her mailing | ||||||
18 | address shall be
included on his or her registration record | ||||||
19 | card.
| ||||||
20 | Term of residence in the State of Illinois and precinct. | ||||||
21 | This
information shall be furnished by the applicant stating | ||||||
22 | the place or
places where he resided and the dates during which | ||||||
23 | he resided in such
place or places during the year next | ||||||
24 | preceding the date of the next
ensuing election.
| ||||||
25 | Nativity. The state or country in which the applicant was | ||||||
26 | born.
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| |||||||
1 | Citizenship. Whether the applicant is native born or | ||||||
2 | naturalized. If
naturalized, the court, place, and date of | ||||||
3 | naturalization.
| ||||||
4 | Date of application for registration, i.e., the day, month | ||||||
5 | and year
when applicant presented himself for registration.
| ||||||
6 | Age. Date of birth, by month, day and year.
| ||||||
7 | Physical disability of the applicant, if any, at the time | ||||||
8 | of
registration, which would require assistance in voting.
| ||||||
9 | The county and state in which the applicant was last | ||||||
10 | registered.
| ||||||
11 | Electronic mail address, if any. | ||||||
12 | Signature of voter. The applicant, after the registration | ||||||
13 | and in the
presence of a deputy registrar or other officer of | ||||||
14 | registration shall be
required to sign his or her name in ink | ||||||
15 | to the affidavit on both the
original and duplicate | ||||||
16 | registration record cards.
| ||||||
17 | Signature of deputy registrar or officer of registration.
| ||||||
18 | In case applicant is unable to sign his name, he may affix | ||||||
19 | his mark
to the affidavit. In such case the officer empowered | ||||||
20 | to give the
registration oath shall write a detailed | ||||||
21 | description of the applicant in
the space provided on the back | ||||||
22 | or at the bottom of the card or sheet;
and shall ask the | ||||||
23 | following questions and record the answers thereto:
| ||||||
24 | Father's first name.
| ||||||
25 | Mother's first name.
| ||||||
26 | From what address did the applicant last register?
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| |||||||
1 | Reason for inability to sign name.
| ||||||
2 | Each applicant for registration shall make an affidavit in
| ||||||
3 | substantially the following form:
| ||||||
4 | AFFIDAVIT OF REGISTRATION
| ||||||
5 | STATE OF ILLINOIS
| ||||||
6 | COUNTY OF .......
| ||||||
7 | I hereby swear (or affirm) that I am a citizen of the | ||||||
8 | United States;
that on the date of the next election I shall | ||||||
9 | have resided in the State
of Illinois and in the election | ||||||
10 | precinct in which I reside 30 days and
that I intend that this | ||||||
11 | location shall be my residence; that
I am fully qualified to | ||||||
12 | vote, and that the above statements are true.
| ||||||
13 | ..............................
| ||||||
14 | (His or her signature or mark)
| ||||||
15 | Subscribed and sworn to before me on (insert date).
| ||||||
16 | ..................................
| ||||||
17 | Signature of registration officer.
| ||||||
18 | (To be signed in presence of registrant.)
| ||||||
19 | Space shall be provided upon the face of each registration | ||||||
20 | record
card for the notation of the voting record of the person | ||||||
21 | registered
thereon.
| ||||||
22 | Each registration record card shall be numbered according | ||||||
23 | to
precincts, and may be serially or otherwise marked for | ||||||
24 | identification in
such manner as the county clerk may | ||||||
25 | determine.
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1 | The registration cards shall be deemed public records and | ||||||
2 | shall be
open to inspection during regular business hours, | ||||||
3 | except during the 27
days immediately preceding any election. | ||||||
4 | On written request of any
candidate or objector or any person | ||||||
5 | intending to object to a petition, the
election authority shall | ||||||
6 | extend its hours for inspection of registration
cards and other | ||||||
7 | records of the election authority during the period
beginning | ||||||
8 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
9 | 28-3 and continuing through the termination of electoral board | ||||||
10 | hearings on
any objections to petitions containing signatures | ||||||
11 | of registered voters in
the jurisdiction of the election | ||||||
12 | authority. The extension shall be for a
period of hours | ||||||
13 | sufficient to allow adequate opportunity for examination of
the | ||||||
14 | records but the election authority is not required to extend | ||||||
15 | its hours
beyond the period beginning at its normal opening for | ||||||
16 | business and ending
at midnight. If the business hours are so | ||||||
17 | extended, the election authority
shall post a public notice of | ||||||
18 | such extended hours. Registration record
cards may also be | ||||||
19 | inspected, upon approval of the officer in charge of the
cards, | ||||||
20 | during the 27 days immediately preceding any election.
| ||||||
21 | Registration
record cards shall also be open to inspection by | ||||||
22 | certified judges and poll
watchers and challengers at the | ||||||
23 | polling place on election day, but only to
the extent necessary | ||||||
24 | to determine the question of the right of a person to
vote or | ||||||
25 | to serve as a judge of election. At no time shall poll watchers | ||||||
26 | or
challengers be allowed to physically handle the registration |
| |||||||
| |||||||
1 | record cards.
| ||||||
2 | Updated copies of computer tapes or computer discs or other | ||||||
3 | electronic data
processing information containing voter | ||||||
4 | registration information shall
be furnished by the county clerk | ||||||
5 | within 10 days after December 15 and
May
15 each year and | ||||||
6 | within 10 days after each registration
period is closed to the | ||||||
7 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
8 | the purposes of this Section, a registration period is closed | ||||||
9 | 27
days before the date of any regular or special election. | ||||||
10 | Registration
information shall include, but not be limited to, | ||||||
11 | the
following information: name, sex, residence, telephone | ||||||
12 | number, if any,
age, party affiliation, if applicable, | ||||||
13 | precinct, ward, township,
county, and representative, | ||||||
14 | legislative and
congressional districts. In the event of | ||||||
15 | noncompliance, the State
Board of Elections is directed to | ||||||
16 | obtain compliance forthwith with this
nondiscretionary duty of | ||||||
17 | the election authority by instituting legal
proceedings in the | ||||||
18 | circuit court of the county in which the election
authority | ||||||
19 | maintains the registration information. The costs of | ||||||
20 | furnishing
updated copies of tapes or discs shall be paid at a | ||||||
21 | rate of $.00034 per
name of registered voters in the election | ||||||
22 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
23 | be paid from appropriations made to the
State Board of | ||||||
24 | Elections for reimbursement to the election authority for
such | ||||||
25 | purpose. The State Board shall furnish copies of such tapes, | ||||||
26 | discs, other
electronic data or compilations thereof to state |
| |||||||
| |||||||
1 | political committees
registered pursuant to the Illinois | ||||||
2 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
3 | to governmental entities, at their request and at a reasonable | ||||||
4 | cost.
To protect the privacy and confidentiality of voter | ||||||
5 | registration information,
the disclosure
of electronic voter | ||||||
6 | registration records to any person or entity other than to a
| ||||||
7 | State or local political
committee and other than to a | ||||||
8 | governmental entity for a governmental
purpose is specifically | ||||||
9 | prohibited except as follows: subject to security measures | ||||||
10 | adopted by the State Board of Elections which, at a minimum, | ||||||
11 | shall include the keeping of a catalog or database, available | ||||||
12 | for public view, including the name, address, and telephone | ||||||
13 | number of the person viewing the list as well as the time of | ||||||
14 | that viewing, any person may view the centralized statewide | ||||||
15 | voter registration list on a computer screen at the Springfield | ||||||
16 | office of the State Board of Elections, during normal business | ||||||
17 | hours other than during the 27 days before an election, but the | ||||||
18 | person viewing the list under this exception may not print, | ||||||
19 | duplicate, transmit, or alter the list. Copies of
the tapes, | ||||||
20 | discs, or other electronic data shall be furnished by the | ||||||
21 | county
clerk to local political committees and governmental | ||||||
22 | entities at their request and at a
reasonable cost.
Reasonable | ||||||
23 | cost of the tapes, discs, et cetera for
this purpose would be | ||||||
24 | the cost of duplication plus 15% for
administration. The | ||||||
25 | individual representing a political committee
requesting | ||||||
26 | copies of such tapes shall make a sworn affidavit that the
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| |||||||
1 | information shall be used only for bona fide political | ||||||
2 | purposes,
including by or for candidates for office or | ||||||
3 | incumbent office holders.
Such tapes, discs or other electronic | ||||||
4 | data shall not be used under any
circumstances by any political | ||||||
5 | committee or individuals for purposes of
commercial | ||||||
6 | solicitation or other business purposes. If such tapes
contain | ||||||
7 | information on county residents related to the operations of
| ||||||
8 | county government in addition to registration information, | ||||||
9 | that
information shall not be used under any circumstances for | ||||||
10 | commercial
solicitation or other business purposes. The | ||||||
11 | prohibition in this
Section against using the computer tapes or | ||||||
12 | computer discs or other
electronic data processing information | ||||||
13 | containing voter registration
information for purposes of | ||||||
14 | commercial solicitation or other business
purposes shall be | ||||||
15 | prospective only from the effective date of this
amended Act of | ||||||
16 | 1979. Any person who violates this provision shall be
guilty of | ||||||
17 | a Class 4 felony.
| ||||||
18 | The State Board of Elections shall promulgate, by October | ||||||
19 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
20 | uniformity throughout the State
in electronic data processing | ||||||
21 | of voter registration information. The
regulations shall | ||||||
22 | include, but need not be limited to, specifications for
uniform | ||||||
23 | medium, communications protocol and file structure to be | ||||||
24 | employed
by the election authorities of this State in the | ||||||
25 | electronic data processing
of voter registration information. | ||||||
26 | Each election authority utilizing
electronic data processing |
| |||||||
| |||||||
1 | of voter registration information shall comply
with such | ||||||
2 | regulations on and after May 15, 1988.
| ||||||
3 | If the applicant for registration was last registered in | ||||||
4 | another
county within this State, he shall also sign a | ||||||
5 | certificate authorizing
cancellation of the former | ||||||
6 | registration. The certificate shall be in
substantially the | ||||||
7 | following form:
| ||||||
8 | To the County Clerk of.... County, Illinois. (or)
| ||||||
9 | To the Election Commission of the City of ...., Illinois.
| ||||||
10 | This is to certify that I am registered in your (county) | ||||||
11 | (city) and
that my residence was ............................
| ||||||
12 | Having moved out of your (county) (city), I hereby authorize | ||||||
13 | you to
cancel said registration in your office.
| ||||||
14 | Dated at ...., Illinois, on (insert date).
| ||||||
15 | .................................
| ||||||
16 | (Signature of Voter)
| ||||||
17 | Attest: ................, County Clerk, .............
| ||||||
18 | County, Illinois.
| ||||||
19 | The cancellation certificate shall be mailed immediately | ||||||
20 | by the
County Clerk to the County Clerk (or election commission | ||||||
21 | as the case may
be) where the applicant was formerly | ||||||
22 | registered. Receipt of such
certificate shall be full authority | ||||||
23 | for cancellation of any previous
registration.
| ||||||
24 | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||||||
25 | 94-136, eff. 7-7-05.)
|
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| |||||||
1 | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| ||||||
2 | Sec. 4-10.
Except as herein provided, no person shall be | ||||||
3 | registered,
unless he applies in person to a registration | ||||||
4 | officer, answers such
relevant questions as may be asked of him | ||||||
5 | by the registration officer,
and executes the affidavit of | ||||||
6 | registration. The registration officer shall
require the | ||||||
7 | applicant to furnish two forms of identification, and except in | ||||||
8 | the
case of a homeless individual, one of which must include | ||||||
9 | his or her residence
address. These forms of identification | ||||||
10 | shall include, but not be limited to,
any of the following: | ||||||
11 | driver's license, social security card, public aid
| ||||||
12 | identification card, utility bill, employee or student | ||||||
13 | identification card,
lease or contract for a residence, credit | ||||||
14 | card, or a civic, union or professional association membership | ||||||
15 | card.
The registration officer shall require a homeless | ||||||
16 | individual to furnish
evidence of his or her use of the mailing | ||||||
17 | address stated. This use may be
demonstrated by a piece of mail | ||||||
18 | addressed to that individual and received at
that address or by | ||||||
19 | a statement from a person authorizing use of the mailing
| ||||||
20 | address. The registration officer shall require each applicant | ||||||
21 | for
registration to read or have read to him the affidavit of | ||||||
22 | registration
before permitting him to execute the affidavit.
| ||||||
23 | One of the registration officers or a deputy registration | ||||||
24 | officer,
county clerk, or clerk in the office of the county | ||||||
25 | clerk, shall
administer to all persons who shall personally | ||||||
26 | apply to register the
following oath or affirmation:
|
| |||||||
| |||||||
1 | "You do solemnly swear (or affirm) that you will fully and | ||||||
2 | truly
answer all such questions as shall be put to you touching | ||||||
3 | your name,
place of residence, place of birth, your | ||||||
4 | qualifications as an elector
and your right as such to register | ||||||
5 | and vote under the laws of the State
of Illinois."
| ||||||
6 | The registration officer shall satisfy himself that each | ||||||
7 | applicant
for registration is qualified to register before | ||||||
8 | registering him. If the
registration officer has reason to | ||||||
9 | believe that the applicant is a resident
of a Soldiers' and | ||||||
10 | Sailors' Home or any facility which is licensed or certified
| ||||||
11 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
12 | Health Rehabilitation Act, or the ID/DD Community Care Act, the | ||||||
13 | following question shall be put,
"When you entered the home | ||||||
14 | which is your present address, was it your bona
fide intention | ||||||
15 | to become a resident thereof?" Any voter of a township, city,
| ||||||
16 | village or incorporated town in which such applicant resides, | ||||||
17 | shall be
permitted to be present at the place of any precinct | ||||||
18 | registration and shall
have the right to challenge any | ||||||
19 | applicant who applies to be registered.
| ||||||
20 | In case the officer is not satisfied that the applicant is | ||||||
21 | qualified
he shall forthwith notify such applicant in writing | ||||||
22 | to appear before the
county clerk to complete his registration. | ||||||
23 | Upon the card of such
applicant shall be written the word | ||||||
24 | "incomplete" and no such applicant
shall be permitted to vote | ||||||
25 | unless such registration is satisfactorily
completed as | ||||||
26 | hereinafter provided. No registration shall be taken and
marked |
| |||||||
| |||||||
1 | as incomplete if information to complete it can be furnished on
| ||||||
2 | the date of the original application.
| ||||||
3 | Any person claiming to be an elector in any election | ||||||
4 | precinct and
whose registration card is marked "Incomplete" may | ||||||
5 | make and sign an
application in writing, under oath, to the | ||||||
6 | county clerk in substance in
the following form:
| ||||||
7 | "I do solemnly swear that I, ...., did on (insert date) | ||||||
8 | make
application to the board of registry of the .... precinct | ||||||
9 | of the township of
.... (or to the county clerk of .... county) | ||||||
10 | and that said board or clerk
refused to complete my | ||||||
11 | registration as a qualified voter in said
precinct. That I | ||||||
12 | reside in said precinct, that I intend to reside in said
| ||||||
13 | precinct, and am a duly qualified voter of said precinct and am | ||||||
14 | entitled to be
registered to vote in said precinct at the next | ||||||
15 | election.
| ||||||
16 | (Signature of applicant) ............................."
| ||||||
17 | All such applications shall be presented to the county | ||||||
18 | clerk or to
his duly authorized representative by the | ||||||
19 | applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||||||
20 | p.m. on any day after the days on
which the 1969 and 1970 | ||||||
21 | precinct re-registrations are held but not on
any day within 27 | ||||||
22 | days preceding the ensuing general election and
thereafter for | ||||||
23 | the registration provided in Section 4-7 all such
applications | ||||||
24 | shall be presented to the county clerk or his duly
authorized | ||||||
25 | representative by the applicant in person between the hours
of |
| |||||||
| |||||||
1 | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||||||
2 | the
ensuing general election. Such application shall be heard | ||||||
3 | by the county
clerk or his duly authorized representative at | ||||||
4 | the time the application
is presented. If the applicant for | ||||||
5 | registration has registered with the
county clerk, such | ||||||
6 | application may be presented to and heard by the
county clerk | ||||||
7 | or by his duly authorized representative upon the dates
| ||||||
8 | specified above or at any time prior thereto designated by the | ||||||
9 | county clerk.
| ||||||
10 | Any otherwise qualified person who is absent from his | ||||||
11 | county of
residence either due to business of the United States | ||||||
12 | or because he is
temporarily outside the territorial limits of | ||||||
13 | the United States may
become registered by mailing an | ||||||
14 | application to the county clerk within
the periods of | ||||||
15 | registration provided for in this Article, or by simultaneous
| ||||||
16 | application for absentee registration and absentee ballot as | ||||||
17 | provided in
Article 20 of this Code.
| ||||||
18 | Upon receipt of such application the county clerk shall | ||||||
19 | immediately
mail an affidavit of registration in duplicate, | ||||||
20 | which affidavit shall
contain the following and such other | ||||||
21 | information as the State Board of
Elections may think it proper | ||||||
22 | to require for the identification of the
applicant:
| ||||||
23 | Name. The name of the applicant, giving surname and first | ||||||
24 | or
Christian name in full, and the middle name or the initial | ||||||
25 | for such
middle name, if any.
| ||||||
26 | Sex.
|
| |||||||
| |||||||
1 | Residence. The name and number of the street, avenue or | ||||||
2 | other
location of the dwelling, and such additional clear and | ||||||
3 | definite
description as may be necessary to determine the exact | ||||||
4 | location of the
dwelling of the applicant. Where the location | ||||||
5 | cannot be determined by
street and number, then the Section, | ||||||
6 | congressional township and range
number may be used, or such | ||||||
7 | other information as may be necessary,
including post office | ||||||
8 | mailing address.
| ||||||
9 | Electronic mail address, if the registrant has provided | ||||||
10 | this information. | ||||||
11 | Term of residence in the State of Illinois and the | ||||||
12 | precinct.
| ||||||
13 | Nativity. The State or country in which the applicant was | ||||||
14 | born.
| ||||||
15 | Citizenship. Whether the applicant is native born or | ||||||
16 | naturalized. If
naturalized, the court, place and date of | ||||||
17 | naturalization.
| ||||||
18 | Age. Date of birth, by month, day and year.
| ||||||
19 | Out of State address of ..........................
| ||||||
20 | AFFIDAVIT OF REGISTRATION
| ||||||
21 | State of ...........)
| ||||||
22 | )ss
| ||||||
23 | County of ..........)
| ||||||
24 | I hereby swear (or affirm) that I am a citizen of the | ||||||
25 | United States;
that on the day of the next election I shall | ||||||
26 | have resided in the State
of Illinois and in the election |
| |||||||
| |||||||
1 | precinct 30 days; that I am
fully qualified to vote, that I am | ||||||
2 | not registered to vote anywhere else
in the United States, that | ||||||
3 | I intend to remain a resident of the State of
Illinois and of | ||||||
4 | the election precinct, that I intend to return to the State
of | ||||||
5 | Illinois, and that the above statements are true.
| ||||||
6 | ..............................
| ||||||
7 | (His or her signature or mark)
| ||||||
8 | Subscribed and sworn to before me, an officer qualified to | ||||||
9 | administer
oaths, on (insert date).
| ||||||
10 | ........................................
| ||||||
11 | Signature of officer administering oath.
| ||||||
12 | Upon receipt of the executed duplicate affidavit of | ||||||
13 | Registration, the
county clerk shall transfer the information | ||||||
14 | contained thereon to
duplicate Registration Cards provided for | ||||||
15 | in Section 4-8 of this Article
and shall attach thereto a copy | ||||||
16 | of each of the duplicate affidavit of
registration and | ||||||
17 | thereafter such registration card and affidavit shall
| ||||||
18 | constitute the registration of such person the same as if he | ||||||
19 | had applied
for registration in person.
| ||||||
20 | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||||||
21 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
22 | 97-813, eff. 7-13-12.)
| ||||||
23 | (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
| ||||||
24 | Sec. 4-12.
Any voter or voters in the township, city, | ||||||
25 | village or
incorporated town containing such precinct, and any |
| |||||||
| |||||||
1 | precinct committeeman
in the county, may, between the hours of | ||||||
2 | 9:00
a.m. and 5:00 p.m. of Monday and Tuesday of the second | ||||||
3 | week prior to the
week in which the 1970 primary election for | ||||||
4 | the nomination of candidates
for State and county offices or | ||||||
5 | any election thereafter is to be held, make
application in | ||||||
6 | writing, to the county clerk, to have any name upon the
| ||||||
7 | register of any precinct erased. Such application shall be, in | ||||||
8 | substance,
in the words and figures following:
| ||||||
9 | "I being a qualified voter, registered from No. .... Street | ||||||
10 | in the ....
precinct of the .... ward of the city (village or | ||||||
11 | town of) .... (or of the
.... town of ....) do hereby solemnly | ||||||
12 | swear (or affirm) that ....
registered from No. .... Street is | ||||||
13 | not a qualified voter in the ....
precinct of .... ward of the | ||||||
14 | city (village or town) of .... (or of the ....
town of ....) | ||||||
15 | and hence I ask that his name be erased from the register of
| ||||||
16 | such precinct for the following reason .....
| ||||||
17 | Affiant further says that he has personal knowledge of the | ||||||
18 | facts set
forth in the above affidavit.
| ||||||
19 | (Signed) .....
| ||||||
20 | Subscribed and sworn to before me on (insert date).
| ||||||
21 | ....
| ||||||
22 | ....
| ||||||
23 | ....."
| ||||||
24 | Such application shall be signed and sworn to by the | ||||||
25 | applicant before
the county clerk or any deputy authorized by |
| |||||||
| |||||||
1 | the county clerk for that
purpose, and filed with said clerk. | ||||||
2 | Thereupon notice of such application,
and of the time and place | ||||||
3 | of hearing thereon, with a demand to appear
before the county | ||||||
4 | clerk and show cause why his name shall not be erased
from said | ||||||
5 | register, shall be mailed, in an envelope duly stamped and
| ||||||
6 | directed to such person at the address upon said register, at | ||||||
7 | least four
days before the day fixed in said notice to show | ||||||
8 | cause. If such person has provided the election authority with | ||||||
9 | an e-mail address, then the election authority shall also send | ||||||
10 | the same notice by electronic mail at least 4 days before the | ||||||
11 | day fixed in said notice to show cause.
| ||||||
12 | A like notice shall be mailed to the person or persons | ||||||
13 | making the
application to have the name upon such register | ||||||
14 | erased to appear and show
cause why said name should be erased, | ||||||
15 | the notice to set out the day and
hour of such hearing. If the | ||||||
16 | voter making such application fails to appear
before said clerk | ||||||
17 | at the time set for the hearing as fixed in the said
notice or | ||||||
18 | fails to show cause why the name upon such register shall be
| ||||||
19 | erased, the application to erase may be dismissed by the county | ||||||
20 | clerk.
| ||||||
21 | Any voter making the application is privileged from arrest | ||||||
22 | while
presenting it to the county clerk, and while going to and | ||||||
23 | from the office
of the county clerk.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
25 | (10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
|
| |||||||
| |||||||
1 | Sec. 4-15.
Within 5 days after a person registers or | ||||||
2 | transfers his
registration with at the office of the election | ||||||
3 | authority county clerk , such election authority clerk shall | ||||||
4 | send by
mail , and by electronic mail if the registrant has | ||||||
5 | provided the election authority with an e-mail address, a | ||||||
6 | certificate to such person setting forth the elector's name and
| ||||||
7 | address as it appears upon the registration record card, and | ||||||
8 | shall request
him in case of any error to present the | ||||||
9 | certificate on or before the 7th
day next ensuing at the office | ||||||
10 | of the election authority county clerk in order to secure
| ||||||
11 | correction of the error. The certificate shall contain on the | ||||||
12 | outside a
request for the postmaster to return it within 5 days | ||||||
13 | if it cannot be
delivered to the addressee at the address given | ||||||
14 | thereon. Upon the return by
the post office of a certificate | ||||||
15 | which it has been unable to deliver at the
given address | ||||||
16 | because the addressee cannot be found there or because no
such | ||||||
17 | address exists, a notice shall be at once sent through the | ||||||
18 | United
States mail to such person at the address appearing upon | ||||||
19 | his registration
record card requiring him to appear before the | ||||||
20 | election authority county clerk , within 5 days,
to answer | ||||||
21 | questions touching his right to register. If the person | ||||||
22 | notified
fails to appear at the election authority's county | ||||||
23 | clerk's office within 5 days as directed or
if he appears and | ||||||
24 | fails to prove his right to register, the election authority | ||||||
25 | county clerk
shall mark his registration card as incomplete and | ||||||
26 | he shall not be
permitted to vote until his registration is |
| |||||||
| |||||||
1 | satisfactorily completed.
| ||||||
2 | If an elector possesses such a certificate valid on its | ||||||
3 | face, if his
name does not expressly appear to have been erased | ||||||
4 | or withdrawn from the
precinct list as corrected and revised as | ||||||
5 | provided by Section 4-11 of this
Article, if he makes an | ||||||
6 | affidavit and attaches such certificate thereto,
and if such | ||||||
7 | affidavit substantially in the form prescribed in Section 17-10
| ||||||
8 | of this Act is sworn to before a judge of election on suitable | ||||||
9 | forms
provided by the election authority county clerk for that | ||||||
10 | purpose, such elector shall be
permitted to vote even though | ||||||
11 | his duplicate registration card is not to be
found in the | ||||||
12 | precinct binder and even though his name is not to be found
| ||||||
13 | upon the printed or any other list.
| ||||||
14 | (Source: Laws 1961, p. 3394 .)
| ||||||
15 | (10 ILCS 5/4-33)
| ||||||
16 | Sec. 4-33. Computerization of voter records.
| ||||||
17 | (a) The State Board of Elections shall design a | ||||||
18 | registration record card
that, except as otherwise provided in | ||||||
19 | this Section, shall be used in duplicate
by all election | ||||||
20 | authorities in the State adopting a computer-based voter
| ||||||
21 | registration file as provided in this Section. The Board shall | ||||||
22 | prescribe the
form
and specifications, including but not | ||||||
23 | limited to the weight of paper, color,
and print of the cards. | ||||||
24 | The cards shall contain boxes or spaces for the
information | ||||||
25 | required under Sections 4-8 and 4-21; provided that
the cards |
| |||||||
| |||||||
1 | shall also contain: (i) A space for a person to fill in his or | ||||||
2 | her
Illinois driver's license number if the person has a | ||||||
3 | driver's license; (ii) A
space for a person without a driver's | ||||||
4 | license to fill in the last four digits
of his or her social | ||||||
5 | security number if the person has a social security
number.
| ||||||
6 | (b) The election authority may develop and implement a | ||||||
7 | system
to prepare,
use, and maintain a computer-based voter | ||||||
8 | registration file that includes a
computer-stored image of the | ||||||
9 | signature of each voter. The computer-based voter
registration | ||||||
10 | file may be used for all purposes for which the original
| ||||||
11 | registration cards are to be used, provided that a system for | ||||||
12 | the storage of at
least one copy of the original registration | ||||||
13 | cards remains in effect.
In the case of voter registration | ||||||
14 | forms received via an online voter registration system, the | ||||||
15 | original registration cards will include the signature | ||||||
16 | received from the Secretary of State database. The electronic | ||||||
17 | file shall be the master file.
| ||||||
18 | (c) Any system created, used, and maintained under | ||||||
19 | subsection
(b) of this
Section shall meet the following | ||||||
20 | standards:
| ||||||
21 | (1) Access to any computer-based voter registration | ||||||
22 | file shall be limited
to those persons authorized by the | ||||||
23 | election authority, and each access to the
computer-based | ||||||
24 | voter registration file, other than an access solely for
| ||||||
25 | inquiry, shall be recorded.
| ||||||
26 | (2) No copy, summary, list, abstract, or index of any |
| |||||||
| |||||||
1 | computer-based voter
registration file that includes any | ||||||
2 | computer-stored image of the signature of
any registered | ||||||
3 | voter shall be made available to the public outside of the
| ||||||
4 | offices of the election authority.
| ||||||
5 | (3) Any copy, summary, list, abstract, or index of any | ||||||
6 | computer-based
voter
registration file that includes a | ||||||
7 | computer-stored image of the signature of a
registered | ||||||
8 | voter shall be produced in such a manner that it cannot be
| ||||||
9 | reproduced.
| ||||||
10 | (4) Each person desiring to vote shall sign an | ||||||
11 | application for a ballot,
and the signature comparison | ||||||
12 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
13 | to a copy of the computer-stored image of the signature of | ||||||
14 | the
registered voter.
| ||||||
15 | (5) Any voter list produced from a computer-based voter | ||||||
16 | registration file
that includes computer-stored images of | ||||||
17 | the signatures of registered voters and
is used in a | ||||||
18 | polling place during an election shall be preserved by the
| ||||||
19 | election authority in secure storage until the end of the | ||||||
20 | second calendar year
following the election in which it was | ||||||
21 | used.
| ||||||
22 | (d) Before the first election in which the election | ||||||
23 | authority
elects to use
a voter list produced from the | ||||||
24 | computer-stored images of the signatures of
registered voters | ||||||
25 | in a computer-based voter registration file for signature
| ||||||
26 | comparison in a polling place, the State Board of Elections |
| |||||||
| |||||||
1 | shall certify that
the system used by the election authority | ||||||
2 | complies with the standards set forth
in this Section. The | ||||||
3 | State Board of Elections may request a sample poll list
| ||||||
4 | intended to be used in a polling place to test the accuracy of | ||||||
5 | the list and the
adequacy of the computer-stored images of the | ||||||
6 | signatures of the registered
voters.
| ||||||
7 | (e) With respect to a jurisdiction that has copied all of | ||||||
8 | its
voter
signatures into a computer-based registration file, | ||||||
9 | all references in this Act
or any other Act to the use, other | ||||||
10 | than storage, of paper-based voter
registration records shall | ||||||
11 | be deemed to refer to their computer-based
equivalents.
| ||||||
12 | (f) Nothing in this Section prevents an election authority | ||||||
13 | from
submitting to the State Board of Elections a duplicate | ||||||
14 | copy of some, as the
State Board of Elections shall determine, | ||||||
15 | or all of the data contained in each
voter registration record | ||||||
16 | that is part of the electronic master file. The
duplicate copy | ||||||
17 | of the registration record shall be maintained by the State
| ||||||
18 | Board of Elections under the same terms and limitations | ||||||
19 | applicable to the
election authority and shall be of equal | ||||||
20 | legal dignity with the original
registration record maintained | ||||||
21 | by the election authority as proof of any fact
contained in the | ||||||
22 | voter registration record.
| ||||||
23 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
24 | (10 ILCS 5/4-50) | ||||||
25 | Sec. 4-50. Grace period. Notwithstanding any other |
| |||||||
| |||||||
1 | provision of this
Code to the contrary, each election authority | ||||||
2 | shall
establish procedures for the registration of voters and | ||||||
3 | for change of address during the period from the close of
| ||||||
4 | registration for a primary or election and until the 3rd day | ||||||
5 | before the
primary or election. During this grace period, an | ||||||
6 | unregistered qualified
elector may
register to vote, and a | ||||||
7 | registered voter may submit a change of address form, in person | ||||||
8 | in the office of the election
authority or at a voter | ||||||
9 | registration location specifically designated for this
purpose | ||||||
10 | by the election authority. The election authority shall
| ||||||
11 | register that individual, or change a registered voter's | ||||||
12 | address, in the same manner as otherwise provided by this | ||||||
13 | Article for registration and change of address. | ||||||
14 | If a voter who registers or changes address during this | ||||||
15 | grace period wishes to vote at the first election or primary | ||||||
16 | occurring after the grace period, he or she must do so by grace | ||||||
17 | period voting , either in person in the office of the election | ||||||
18 | authority or at a location specifically designated for this | ||||||
19 | purpose by the election authority, or by mail, at the | ||||||
20 | discretion of the election authority . The election authority | ||||||
21 | shall offer in-person grace period voting at the authority's | ||||||
22 | office and may offer in-person grace period voting at | ||||||
23 | additional locations specifically designated for the purpose | ||||||
24 | of grace period voting by the election authority. The election | ||||||
25 | authority may allow grace period voting by mail only if the | ||||||
26 | election authority has no ballots prepared at the authority's |
| |||||||
| |||||||
1 | office. Grace period voting shall be in a manner substantially | ||||||
2 | similar to voting under Article 19. | ||||||
3 | Within one day after a voter casts a grace period ballot, | ||||||
4 | or within one day after the ballot is received by the election | ||||||
5 | authority if the election authority allows grace period voting | ||||||
6 | by mail, the election authority shall transmit by electronic | ||||||
7 | means pursuant to a process established by the State Board of | ||||||
8 | Elections the voter's name, street address, e-mail address, and | ||||||
9 | precinct, ward, township, and district numbers, as the case may | ||||||
10 | be, to the State Board of Elections, which shall maintain those | ||||||
11 | names and that information in an electronic format on its | ||||||
12 | website, arranged by county and accessible to State and local | ||||||
13 | political committees. The name of each person issued a grace | ||||||
14 | period ballot shall also be placed on the appropriate precinct | ||||||
15 | list of persons to whom absentee and early ballots have been | ||||||
16 | issued, for use as provided in Sections 17-9 and 18-5. | ||||||
17 | A person who casts a grace period ballot shall not be | ||||||
18 | permitted to revoke that ballot and vote another ballot with | ||||||
19 | respect to that primary or election. Ballots cast by persons | ||||||
20 | who register or change address during the grace period must be | ||||||
21 | transmitted to and counted at the election authority's central | ||||||
22 | ballot counting location and shall not be transmitted to and | ||||||
23 | counted at precinct polling places.
The grace period ballots | ||||||
24 | determined to be valid shall be added to the vote totals for | ||||||
25 | the precincts for which they were cast in the order in which | ||||||
26 | the ballots were opened.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
| ||||||
2 | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||||||
3 | Sec. 5-7. The county clerk shall provide a sufficient | ||||||
4 | number of
blank forms for the registration of electors which | ||||||
5 | shall be known as
registration record cards and which shall | ||||||
6 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
7 | contain in plain writing and figures the
data hereinafter | ||||||
8 | required thereon or shall consist of computer cards of
suitable | ||||||
9 | nature to contain the data required thereon. The registration
| ||||||
10 | record cards, which shall include an affidavit of registration | ||||||
11 | as
hereinafter provided, shall be executed in duplicate.
| ||||||
12 | The registration record card shall contain the following | ||||||
13 | and such
other information as the county clerk may think it | ||||||
14 | proper to require for
the identification of the applicant for | ||||||
15 | registration:
| ||||||
16 | Name. The name of the applicant, giving surname and first | ||||||
17 | or
Christian name in full, and the middle name or the initial | ||||||
18 | for such
middle name, if any.
| ||||||
19 | Sex.
| ||||||
20 | Residence. The name and number of the street, avenue, or | ||||||
21 | other
location of the dwelling, including the apartment, unit | ||||||
22 | or room number,
if any, and in the case of a mobile home the lot | ||||||
23 | number, and such additional
clear and definite description as | ||||||
24 | may be necessary to determine the exact
location of the | ||||||
25 | dwelling of the applicant, including post-office mailing
|
| |||||||
| |||||||
1 | address. In the case of a homeless individual, the individual's | ||||||
2 | voting
residence that is his or her mailing address shall be | ||||||
3 | included on his or her
registration record card.
| ||||||
4 | Term of residence in the State of Illinois and the | ||||||
5 | precinct. Which
questions may be answered by the applicant | ||||||
6 | stating, in excess of 30 days
in the State and in excess of 30 | ||||||
7 | days in the precinct.
| ||||||
8 | Nativity. The State or country in which the applicant was | ||||||
9 | born.
| ||||||
10 | Citizenship. Whether the applicant is native born or | ||||||
11 | naturalized. If
naturalized, the court, place and date of | ||||||
12 | naturalization.
| ||||||
13 | Date of application for registration, i.e., the day, month | ||||||
14 | and year
when applicant presented himself for registration.
| ||||||
15 | Age. Date of birth, by month, day and year.
| ||||||
16 | Physical disability of the applicant, if any, at the time | ||||||
17 | of
registration, which would require assistance in voting.
| ||||||
18 | The county and state in which the applicant was last | ||||||
19 | registered.
| ||||||
20 | Electronic mail address, if any. | ||||||
21 | Signature of voter. The applicant, after the registration | ||||||
22 | and in the
presence of a deputy registrar or other officer of | ||||||
23 | registration shall be
required to sign his or her name in ink | ||||||
24 | to the affidavit on the original
and duplicate registration | ||||||
25 | record card.
| ||||||
26 | Signature of Deputy Registrar.
|
| |||||||
| |||||||
1 | In case applicant is unable to sign his name, he may affix | ||||||
2 | his mark
to the affidavit. In such case the officer empowered | ||||||
3 | to give the
registration oath shall write a detailed | ||||||
4 | description of the applicant in
the space provided at the | ||||||
5 | bottom of the card or sheet; and shall ask the
following | ||||||
6 | questions and record the answers thereto:
| ||||||
7 | Father's first name .......................
| ||||||
8 | Mother's first name .......................
| ||||||
9 | From what address did you last register?
| ||||||
10 | Reason for inability to sign name.
| ||||||
11 | Each applicant for registration shall make an affidavit in
| ||||||
12 | substantially the following form:
| ||||||
13 | AFFIDAVIT OF REGISTRATION
| ||||||
14 | State of Illinois)
| ||||||
15 | )ss
| ||||||
16 | County of )
| ||||||
17 | I hereby swear (or affirm) that I am a citizen of the | ||||||
18 | United States;
that on the date of the next election I shall | ||||||
19 | have resided in the State
of Illinois and in the election | ||||||
20 | precinct in which I reside 30 days; that
I am fully qualified | ||||||
21 | to vote. That I intend that this location shall be
my residence | ||||||
22 | and that the above statements are true.
| ||||||
23 | ..............................
| ||||||
24 | (His or her signature or mark)
| ||||||
25 | Subscribed and sworn to before me on (insert date).
| ||||||
26 | .........................................
|
| |||||||
| |||||||
1 | Signature of Registration Officer.
| ||||||
2 | (To be signed in presence of Registrant.)
| ||||||
3 | Space shall be provided upon the face of each registration | ||||||
4 | record
card for the notation of the voting record of the person | ||||||
5 | registered
thereon.
| ||||||
6 | Each registration record card shall be numbered according | ||||||
7 | to towns
and precincts, wards, cities and villages, as the case | ||||||
8 | may be, and may
be serially or otherwise marked for | ||||||
9 | identification in such manner as the
county clerk may | ||||||
10 | determine.
| ||||||
11 | The registration cards shall be deemed public records and | ||||||
12 | shall be
open to inspection during regular business hours, | ||||||
13 | except during the 27
days immediately preceding any election. | ||||||
14 | On written request of any
candidate or objector or any person | ||||||
15 | intending to object to a petition, the
election authority shall | ||||||
16 | extend its hours for inspection of registration
cards and other | ||||||
17 | records of the election authority during the period
beginning | ||||||
18 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
19 | 28-3 and continuing through the termination of electoral board | ||||||
20 | hearings on
any objections to petitions containing signatures | ||||||
21 | of registered voters in
the jurisdiction of the election | ||||||
22 | authority. The extension shall be for a
period of hours | ||||||
23 | sufficient to allow adequate opportunity for examination of
the | ||||||
24 | records but the election authority is not required to extend | ||||||
25 | its hours
beyond the period beginning at its normal opening for |
| |||||||
| |||||||
1 | business and ending
at midnight. If the business hours are so | ||||||
2 | extended, the election authority
shall post a public notice of | ||||||
3 | such extended hours. Registration record cards
may also be | ||||||
4 | inspected, upon approval of the officer in charge of the cards,
| ||||||
5 | during the 27 days immediately preceding any election. | ||||||
6 | Registration
record
cards shall also be open to inspection by | ||||||
7 | certified judges and poll watchers
and challengers at the | ||||||
8 | polling place on election day, but only to the extent
necessary | ||||||
9 | to determine the question of the right of a person to vote or | ||||||
10 | to
serve as a judge of election. At no time shall poll watchers | ||||||
11 | or challengers be
allowed to physically handle the registration | ||||||
12 | record cards.
| ||||||
13 | Updated copies of computer tapes or computer discs or other | ||||||
14 | electronic data
processing information containing voter | ||||||
15 | registration information shall
be furnished by the county clerk | ||||||
16 | within 10 days after December 15 and
May
15 each year and | ||||||
17 | within 10 days after each registration
period is closed to the | ||||||
18 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
19 | the purposes of this Section, a registration period is closed | ||||||
20 | 27
days before the date of any regular or special election. | ||||||
21 | Registration
information
shall include, but not be limited to, | ||||||
22 | the
following information: name, sex, residence, telephone | ||||||
23 | number, if any, age,
party affiliation, if applicable, | ||||||
24 | precinct, ward, township, county, and
representative, | ||||||
25 | legislative and congressional districts. In the event of
| ||||||
26 | noncompliance, the State Board of Elections is directed to |
| |||||||
| |||||||
1 | obtain compliance
forthwith with this nondiscretionary duty of | ||||||
2 | the election authority by
instituting legal proceedings in the | ||||||
3 | circuit court of the county in which the
election authority | ||||||
4 | maintains the registration information. The costs of
| ||||||
5 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
6 | rate of $.00034
per name of registered voters in the election | ||||||
7 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
8 | be paid from appropriations made to the State
Board of | ||||||
9 | Elections for reimbursement to the election authority for such
| ||||||
10 | purpose. The State Board shall furnish copies of such tapes, | ||||||
11 | discs, other electronic
data or compilations thereof to state | ||||||
12 | political committees registered pursuant
to the Illinois | ||||||
13 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
14 | to governmental entities, at
their request and at a reasonable | ||||||
15 | cost.
To protect the privacy and confidentiality of voter | ||||||
16 | registration information,
the disclosure
of electronic voter | ||||||
17 | registration records to any person or entity other than to a
| ||||||
18 | State or local political
committee and other than to a | ||||||
19 | governmental entity for a governmental
purpose
is specifically | ||||||
20 | prohibited except as follows: subject to security measures | ||||||
21 | adopted by the State Board of Elections which, at a minimum, | ||||||
22 | shall include the keeping of a catalog or database, available | ||||||
23 | for public view, including the name, address, and telephone | ||||||
24 | number of the person viewing the list as well as the time of | ||||||
25 | that viewing, any person may view the centralized statewide | ||||||
26 | voter registration list on a computer screen at the Springfield |
| |||||||
| |||||||
1 | office of the State Board of Elections, during normal business | ||||||
2 | hours other than during the 27 days before an election, but the | ||||||
3 | person viewing the list under this exception may not print, | ||||||
4 | duplicate, transmit, or alter the list.
Copies of the tapes, | ||||||
5 | discs or other
electronic data shall be furnished by the county | ||||||
6 | clerk to local political
committees and governmental entities | ||||||
7 | at their request and at a reasonable cost. Reasonable cost of | ||||||
8 | the
tapes, discs, et cetera for this purpose would be the cost | ||||||
9 | of duplication plus
15% for administration. The individual | ||||||
10 | representing a political committee
requesting copies of such | ||||||
11 | tapes shall make a sworn affidavit that the
information shall | ||||||
12 | be used only for bona fide political purposes,
including by or | ||||||
13 | for candidates for office or incumbent office holders.
Such | ||||||
14 | tapes, discs or other electronic data shall not be used under | ||||||
15 | any
circumstances by any political committee or individuals for | ||||||
16 | purposes of
commercial solicitation or other business | ||||||
17 | purposes. If such tapes
contain information on county residents | ||||||
18 | related to the operations of
county government in addition to | ||||||
19 | registration information, that
information shall not be used | ||||||
20 | under any circumstances for commercial
solicitation or other | ||||||
21 | business purposes. The prohibition in this
Section against | ||||||
22 | using the computer tapes or computer discs or other
electronic | ||||||
23 | data processing information containing voter registration
| ||||||
24 | information for purposes of commercial solicitation or other | ||||||
25 | business
purposes shall be prospective only from the effective | ||||||
26 | date of this
amended Act of 1979. Any person who violates this |
| |||||||
| |||||||
1 | provision shall be
guilty of a Class 4 felony.
| ||||||
2 | The State Board of Elections shall promulgate, by October | ||||||
3 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
4 | uniformity throughout the State
in electronic data processing | ||||||
5 | of voter registration information. The
regulations shall | ||||||
6 | include, but need not be limited to, specifications for
uniform | ||||||
7 | medium, communications protocol and file structure to be | ||||||
8 | employed
by the election authorities of this State in the | ||||||
9 | electronic data processing
of voter registration information. | ||||||
10 | Each election authority utilizing
electronic data processing | ||||||
11 | of voter registration information shall comply
with such | ||||||
12 | regulations on and after May 15, 1988.
| ||||||
13 | If the applicant for registration was last registered in | ||||||
14 | another
county within this State, he shall also sign a | ||||||
15 | certificate authorizing
cancellation of the former | ||||||
16 | registration. The certificate shall be in
substantially the | ||||||
17 | following form:
| ||||||
18 | To the County Clerk of .... County, Illinois. To the Election
| ||||||
19 | Commission of the City of ...., Illinois.
| ||||||
20 | This is to certify that I am registered in your (county) | ||||||
21 | (city) and
that my residence was .....
| ||||||
22 | Having moved out of your (county) (city), I hereby | ||||||
23 | authorize you to
cancel said registration in your office.
| ||||||
24 | Dated at .... Illinois, on (insert date).
| ||||||
25 | ....................
| ||||||
26 | (Signature of Voter)
|
| |||||||
| |||||||
1 | Attest ......, County Clerk, ........ County, Illinois.
| ||||||
2 | The cancellation certificate shall be mailed immediately | ||||||
3 | by the
county clerk to the county clerk (or election commission | ||||||
4 | as the case may
be) where the applicant was formerly | ||||||
5 | registered. Receipt of such
certificate shall be full authority | ||||||
6 | for cancellation of any previous
registration.
| ||||||
7 | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||||||
8 | 94-136, eff. 7-7-05.)
| ||||||
9 | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||||||
10 | Sec. 5-9.
Except as herein provided, no person shall be | ||||||
11 | registered
unless he applies in person to registration officer, | ||||||
12 | answers such
relevant questions as may be asked of him by the | ||||||
13 | registration officer,
and executes the affidavit of | ||||||
14 | registration. The registration officer shall
require the | ||||||
15 | applicant to furnish two forms of identification, and except in | ||||||
16 | the
case of a homeless individual, one of which must include | ||||||
17 | his or her residence
address. These forms of identification | ||||||
18 | shall include, but not be limited to,
any of the following: | ||||||
19 | driver's license, social security card, public aid
| ||||||
20 | identification card, utility bill, employee or student | ||||||
21 | identification card,
lease or contract for a residence, credit | ||||||
22 | card, or a civic, union or professional association membership | ||||||
23 | card.
The registration officer shall require a homeless | ||||||
24 | individual to furnish
evidence of his or her use of the mailing | ||||||
25 | address stated. This use may be
demonstrated by a piece of mail |
| |||||||
| |||||||
1 | addressed to that individual and received at
that address or by | ||||||
2 | a statement from a person authorizing use of the mailing
| ||||||
3 | address. The registration officer shall require each applicant | ||||||
4 | for registration
to read or have read to him the affidavit of | ||||||
5 | registration before permitting him
to execute the affidavit.
| ||||||
6 | One of the Deputy Registrars, the Judge of Registration, or | ||||||
7 | an
Officer of Registration, County Clerk, or clerk in the | ||||||
8 | office of the
County Clerk, shall administer to all persons who | ||||||
9 | shall personally apply
to register the following oath or | ||||||
10 | affirmation:
| ||||||
11 | "You do solemnly swear (or affirm) that you will fully and | ||||||
12 | truly
answer all such questions as shall be put to you touching | ||||||
13 | your place of
residence, name, place of birth, your | ||||||
14 | qualifications as an elector and
your right as such to register | ||||||
15 | and vote under the laws of the State of
Illinois."
| ||||||
16 | The Registration Officer shall satisfy himself that each | ||||||
17 | applicant
for registration is qualified to register before | ||||||
18 | registering him. If the
registration officer has reason to | ||||||
19 | believe that the applicant is a resident
of a Soldiers' and | ||||||
20 | Sailors' Home or any facility which is licensed or certified
| ||||||
21 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
22 | Health Rehabilitation Act, or the ID/DD Community Care Act, the | ||||||
23 | following question shall be put,
"When you entered the home | ||||||
24 | which is your present address, was it your bona fide
intention | ||||||
25 | to become a resident thereof?" Any voter of a township, city,
| ||||||
26 | village or incorporated town in which such applicant resides, |
| |||||||
| |||||||
1 | shall be
permitted to be present at the place of precinct | ||||||
2 | registration, and shall have
the right to challenge any | ||||||
3 | applicant who applies to be registered.
| ||||||
4 | In case the officer is not satisfied that the applicant is | ||||||
5 | qualified,
he shall forthwith in writing notify such applicant | ||||||
6 | to appear before the
County Clerk to furnish further proof of | ||||||
7 | his qualifications. Upon the
card of such applicant shall be | ||||||
8 | written the word "Incomplete" and no
such applicant shall be | ||||||
9 | permitted to vote unless such registration is
satisfactorily | ||||||
10 | completed as hereinafter provided. No registration shall
be | ||||||
11 | taken and marked as "incomplete" if information to complete it | ||||||
12 | can be
furnished on the date of the original application.
| ||||||
13 | Any person claiming to be an elector in any election | ||||||
14 | precinct in such
township, city, village or incorporated town | ||||||
15 | and whose registration is
marked "Incomplete" may make and sign | ||||||
16 | an application in writing, under
oath, to the County Clerk in | ||||||
17 | substance in the following form:
| ||||||
18 | "I do solemnly swear that I, .........., did on (insert | ||||||
19 | date) make application to the Board of Registry of the ........
| ||||||
20 | precinct of ........ ward of the City of .... or of the | ||||||
21 | ......... District
......... Town of .......... (or to the | ||||||
22 | County Clerk of .............) and
............ County; that | ||||||
23 | said Board or Clerk refused to complete my
registration as a | ||||||
24 | qualified voter in said precinct, that I reside in said
| ||||||
25 | precinct (or that I intend to reside in said precinct), am a | ||||||
26 | duly qualified
voter and entitled to vote in said precinct at |
| |||||||
| |||||||
1 | the next election.
| ||||||
2 | ...........................
| ||||||
3 | (Signature of Applicant)"
| ||||||
4 | All such applications shall be presented to the County | ||||||
5 | Clerk by the
applicant, in person between the hours of nine | ||||||
6 | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||||||
7 | the third week subsequent to
the weeks in which the 1961 and | ||||||
8 | 1962 precinct re-registrations are to be
held, and thereafter | ||||||
9 | for the registration provided in Section 5-17 of
this Article, | ||||||
10 | all such applications shall be presented to the County
Clerk by | ||||||
11 | the applicant in person between the hours of nine o'clock a.m.
| ||||||
12 | and nine o'clock p.m. on Monday and Tuesday of the third week
| ||||||
13 | prior to the date on which such election is to be held.
| ||||||
14 | Any otherwise qualified person who is absent from his | ||||||
15 | county of
residence either due to business of the United States | ||||||
16 | or because he is
temporarily outside the territorial limits of | ||||||
17 | the United States may
become registered by mailing an | ||||||
18 | application to the county clerk within
the periods of | ||||||
19 | registration provided for in this Article or by simultaneous
| ||||||
20 | application for absentee registration and absentee ballot as | ||||||
21 | provided in
Article 20 of this Code.
| ||||||
22 | Upon receipt of such application the county clerk shall | ||||||
23 | immediately
mail an affidavit of registration in duplicate, | ||||||
24 | which affidavit shall
contain the following and such other | ||||||
25 | information as the State Board of
Elections may think it proper | ||||||
26 | to require for the identification of the
applicant:
|
| |||||||
| |||||||
1 | Name. The name of the applicant, giving surname and first | ||||||
2 | or
Christian name in full, and the middle name or the initial | ||||||
3 | for such
middle name, if any.
| ||||||
4 | Sex.
| ||||||
5 | Residence. The name and number of the street, avenue or | ||||||
6 | other
location of the dwelling, and such additional clear and | ||||||
7 | definite
description as may be necessary to determine the exact | ||||||
8 | location of the
dwelling of the applicant. Where the location | ||||||
9 | cannot be determined by
street and number, then the Section, | ||||||
10 | congressional township and range
number may be used, or such | ||||||
11 | other information as may be necessary,
including post office | ||||||
12 | mailing address.
| ||||||
13 | Electronic mail address, if the registrant has provided | ||||||
14 | this information. | ||||||
15 | Term of residence in the State of Illinois and the | ||||||
16 | precinct.
| ||||||
17 | Nativity. The State or country in which the applicant was | ||||||
18 | born.
| ||||||
19 | Citizenship. Whether the applicant is native born or | ||||||
20 | naturalized. If
naturalized, the court, place and date of | ||||||
21 | naturalization.
| ||||||
22 | Age. Date of birth, by month, day and year.
| ||||||
23 | Out of State address of ..........................
| ||||||
24 | AFFIDAVIT OF REGISTRATION
| ||||||
25 | State of .........)
| ||||||
26 | )ss
|
| |||||||
| |||||||
1 | County of ........)
| ||||||
2 | I hereby swear (or affirm) that I am a citizen of the | ||||||
3 | United States;
that on the day of the next election I shall | ||||||
4 | have resided in the State
of Illinois for 6 months and in the | ||||||
5 | election precinct 30 days; that I am
fully qualified to vote, | ||||||
6 | that I am not registered to vote anywhere else
in the United | ||||||
7 | States, that I intend to remain a resident of the State of
| ||||||
8 | Illinois and of the election precinct, that I intend to return | ||||||
9 | to the State
of Illinois, and that the above statements are | ||||||
10 | true.
| ||||||
11 | ..............................
| ||||||
12 | (His or her signature or mark)
| ||||||
13 | Subscribed and sworn to before me, an officer qualified to | ||||||
14 | administer
oaths, on (insert date).
| ||||||
15 | ........................................
| ||||||
16 | Signature of officer administering oath.
| ||||||
17 | Upon receipt of the executed duplicate affidavit of | ||||||
18 | Registration, the
county clerk shall transfer the information | ||||||
19 | contained thereon to
duplicate Registration Cards provided for | ||||||
20 | in Section 5-7 of this Article
and shall attach thereto a copy | ||||||
21 | of each of the duplicate affidavit of
registration and | ||||||
22 | thereafter such registration card and affidavit shall
| ||||||
23 | constitute the registration of such person the same as if he | ||||||
24 | had applied
for registration in person.
| ||||||
25 | |
| |||||||
| |||||||
1 | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||||||
2 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
3 | 97-813, eff. 7-13-12.)
| ||||||
4 | (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
| ||||||
5 | Sec. 5-15.
Any voter or voters in the township, city, | ||||||
6 | village, or
incorporated town containing such precinct, and any | ||||||
7 | precinct committeeman
in the county, may, between the hours of | ||||||
8 | nine
o'clock a.m. and six o'clock p.m. of the Monday and | ||||||
9 | Tuesday of the third
week immediately preceding the week in | ||||||
10 | which such April 10, 1962 Primary
Election is to be held, make | ||||||
11 | application in writing, before such County
Clerk, to have any | ||||||
12 | name upon such register of any precinct erased.
Thereafter such | ||||||
13 | application shall be made between the hours of nine o'clock
| ||||||
14 | a.m. and six o'clock p.m. of Monday and Tuesday of the second | ||||||
15 | week prior
to the week in which any county, city, village, | ||||||
16 | township, or incorporated
town election is to be held. Such | ||||||
17 | application shall be in substance, in the
words and figures | ||||||
18 | following:
| ||||||
19 | "I, being a qualified voter, registered from No. .... | ||||||
20 | Street in the ....
precinct of the .... Ward of the city | ||||||
21 | (village or town of .... ) of
the .... District .... town of | ||||||
22 | .... do hereby solemnly swear (or affirm) that
.... registered | ||||||
23 | from No. .... Street is not a qualified voter in the ....
| ||||||
24 | precinct of the .... ward of the city (village or town) of .... | ||||||
25 | or of the
.... district town of .... hence I ask that his name |
| |||||||
| |||||||
1 | be erased from the
register of such precinct for the following | ||||||
2 | reason ..... Affiant further
says that he has personal | ||||||
3 | knowledge of the facts set forth in the above
affidavit.
| ||||||
4 | (Signed) .....
| ||||||
5 | Subscribed and sworn to before me on (insert date).
| ||||||
6 | ....
| ||||||
7 | ....
| ||||||
8 | ...."
| ||||||
9 | Such application shall be signed and sworn to by the | ||||||
10 | applicant before
the County Clerk or any Deputy authorized by | ||||||
11 | the County Clerk for that
purpose, and filed with the Clerk. | ||||||
12 | Thereupon notice of such application,
with a demand to appear | ||||||
13 | before the County Clerk and show cause why his name
shall not | ||||||
14 | be erased from the register, shall be mailed by special
| ||||||
15 | delivery, duly stamped and directed, to such person, to the | ||||||
16 | address upon
said register at least 4 days before the day fixed | ||||||
17 | in said notice to
show cause. If such person has provided the | ||||||
18 | election authority with an e-mail address, then the election | ||||||
19 | authority shall also send the same notice by electronic mail at | ||||||
20 | least 4 days before the day fixed in said notice to show cause.
| ||||||
21 | A like notice shall be mailed to the person or persons | ||||||
22 | making the
application to have the name upon such register | ||||||
23 | erased to appear and show
cause why the name should be erased, | ||||||
24 | the notice to set out the day and
hour of such hearing. If the | ||||||
25 | voter making such application fails to appear
before the Clerk | ||||||
26 | at the time set for the hearing as fixed in the said
notice or |
| |||||||
| |||||||
1 | fails to show cause why the name upon such register shall be
| ||||||
2 | erased, the application may be dismissed by the County Clerk.
| ||||||
3 | Any voter making such application or applications shall be | ||||||
4 | privileged
from arrest while presenting the same to the County | ||||||
5 | Clerk, and whilst going
to and returning from the office of the | ||||||
6 | County Clerk.
| ||||||
7 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
8 | (10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
| ||||||
9 | Sec. 5-21.
To each person who registers at the office of | ||||||
10 | the county, city,
village, incorporated town or town clerk, or | ||||||
11 | any place designated by the
Board of County Commissioners under | ||||||
12 | section 5-17 of article 5 and within
five days thereafter, the | ||||||
13 | election authority County Clerk shall send by mail , and | ||||||
14 | electronic mail if the registrant has provided the election | ||||||
15 | authority with an e-mail address, a notice setting
forth the | ||||||
16 | elector's name and address as it appears on the registration | ||||||
17 | record
card, and shall request him in case of any error to | ||||||
18 | present the notice on
or before the seventh day next ensuing at | ||||||
19 | the office of the election authority County Clerk
in order to | ||||||
20 | secure the correction of the error. Such notice shall contain
| ||||||
21 | on the outside a request for the postmaster to return it within | ||||||
22 | five days
if it cannot be delivered to the addressee at the | ||||||
23 | address given thereon.
Upon the return by the post office of | ||||||
24 | such notice which it has been unable
to deliver at the given | ||||||
25 | address because the addressee cannot be found there,
a notice |
| |||||||
| |||||||
1 | shall be at once sent through the United States mail to such | ||||||
2 | person
at the address appearing upon his registration record | ||||||
3 | card requiring him
to appear before the election authority | ||||||
4 | County Clerk , within five days, to answer questions
touching | ||||||
5 | his right to register. If the person notified fails to appear | ||||||
6 | at
the election authority's County Clerk's office within five | ||||||
7 | days as directed or if he appears
and fails to prove his right | ||||||
8 | to register, the election authority County Clerk shall cancel
| ||||||
9 | his registration.
| ||||||
10 | (Source: P.A. 80-1469.)
| ||||||
11 | (10 ILCS 5/5-43)
| ||||||
12 | Sec. 5-43. Computerization of voter records.
| ||||||
13 | (a) The State Board of Elections shall design a | ||||||
14 | registration record card
that, except as otherwise provided in | ||||||
15 | this Section, shall be used in duplicate
by all election | ||||||
16 | authorities in the State adopting a computer-based voter
| ||||||
17 | registration file as provided in this Section. The Board shall | ||||||
18 | prescribe the
form
and specifications, including but not | ||||||
19 | limited to the weight of paper, color,
and print of the cards. | ||||||
20 | The cards shall contain boxes or spaces for the
information | ||||||
21 | required under Sections 5-7 and 5-28.1; provided that
the cards | ||||||
22 | shall also contain: (i) A space for the person to fill in his | ||||||
23 | or
her Illinois driver's license number if the person has a | ||||||
24 | driver's license; (ii)
A space for a person without a driver's | ||||||
25 | license to fill in the last four digits
of his or her social |
| |||||||
| |||||||
1 | security number if the person has a social security
number.
| ||||||
2 | (b) The election authority may develop and implement a | ||||||
3 | system to
prepare,
use, and maintain a computer-based voter | ||||||
4 | registration file that includes a
computer-stored image of the | ||||||
5 | signature of each voter. The computer-based voter
registration | ||||||
6 | file may be used for all purposes for which the original
| ||||||
7 | registration cards are to be used, provided that a system for | ||||||
8 | the storage of at
least one copy of the original registration | ||||||
9 | cards remains in effect. In the case of voter registration | ||||||
10 | forms received via an online voter registration system, the | ||||||
11 | original registration cards will include the signature | ||||||
12 | received from the Secretary of State database. The
electronic | ||||||
13 | file shall be the master file.
| ||||||
14 | (c) Any system created, used, and maintained under | ||||||
15 | subsection
(b) of this
Section shall meet the following | ||||||
16 | standards:
| ||||||
17 | (1) Access to any computer-based voter registration | ||||||
18 | file shall be limited
to those persons authorized by the | ||||||
19 | election authority, and each access to the
computer-based | ||||||
20 | voter registration file, other than an access solely for
| ||||||
21 | inquiry, shall be recorded.
| ||||||
22 | (2) No copy, summary, list, abstract, or index of any | ||||||
23 | computer-based voter
registration file that includes any | ||||||
24 | computer-stored image of the signature of
any registered | ||||||
25 | voter shall be made available to the public outside of the
| ||||||
26 | offices of the election authority.
|
| |||||||
| |||||||
1 | (3) Any copy, summary, list, abstract, or index of any | ||||||
2 | computer-based
voter
registration file that includes a | ||||||
3 | computer-stored image of the signature of a
registered | ||||||
4 | voter shall be produced in such a manner that it cannot be
| ||||||
5 | reproduced.
| ||||||
6 | (4) Each person desiring to vote shall sign an | ||||||
7 | application for a ballot,
and the signature comparison | ||||||
8 | authorized in Articles 17 and 18 of this Code may
be made | ||||||
9 | to a copy of the computer-stored image of the signature of | ||||||
10 | the
registered voter.
| ||||||
11 | (5) Any voter list produced from a computer-based voter | ||||||
12 | registration file
that includes computer-stored images of | ||||||
13 | the signatures of registered voters and
is used in a | ||||||
14 | polling place during an election shall be preserved by the
| ||||||
15 | election authority in secure storage until the end of the | ||||||
16 | second calendar year
following the election in which it was | ||||||
17 | used.
| ||||||
18 | (d) Before the first election in which the election | ||||||
19 | authority
elects to use
a voter list produced from the | ||||||
20 | computer-stored images of the signatures of
registered voters | ||||||
21 | in a computer-based voter registration file for signature
| ||||||
22 | comparison in a polling place, the State Board of Elections | ||||||
23 | shall certify that
the system used by the election authority | ||||||
24 | complies with the standards set forth
in this Section. The | ||||||
25 | State Board of Elections may request a sample poll list
| ||||||
26 | intended to be used in a polling place to test the accuracy of |
| |||||||
| |||||||
1 | the list and the
adequacy of the computer-stored images of the | ||||||
2 | signatures of the registered
voters.
| ||||||
3 | (e) With respect to a jurisdiction that has copied all of | ||||||
4 | its
voter
signatures into a computer-based registration file, | ||||||
5 | all references in this Act
or any other Act to the use, other | ||||||
6 | than storage, of paper-based voter
registration records shall | ||||||
7 | be deemed to refer to their computer-based
equivalents.
| ||||||
8 | (f) Nothing in this Section prevents an election authority | ||||||
9 | from
submitting to the State Board of Elections a duplicate | ||||||
10 | copy of some, as the
State Board of Elections shall determine, | ||||||
11 | or all of the data contained in each
voter registration record | ||||||
12 | that is part of the electronic master file. The
duplicate copy | ||||||
13 | of the registration record shall be maintained by the State
| ||||||
14 | Board of Elections under the same terms and limitations | ||||||
15 | applicable to the
election authority and shall be of equal | ||||||
16 | legal dignity with the original
registration record maintained | ||||||
17 | by the election authority as proof of any fact
contained in the | ||||||
18 | voter registration record.
| ||||||
19 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
20 | (10 ILCS 5/5-50) | ||||||
21 | Sec. 5-50. Grace period. Notwithstanding any other | ||||||
22 | provision of this
Code to the contrary, each election authority | ||||||
23 | shall
establish procedures for the registration of voters and | ||||||
24 | for change of address during the period from the close of
| ||||||
25 | registration for a primary or election and until the 3rd day |
| |||||||
| |||||||
1 | before the
primary or election. During this grace period, an | ||||||
2 | unregistered qualified
elector may
register to vote, and a | ||||||
3 | registered voter may submit a change of address form, in person | ||||||
4 | in the office of the election
authority or at a voter | ||||||
5 | registration location specifically designated for this
purpose | ||||||
6 | by the election authority. The election authority shall
| ||||||
7 | register that individual, or change a registered voter's | ||||||
8 | address, in the same manner as otherwise provided by this | ||||||
9 | Article for registration and change of address. | ||||||
10 | If a voter who registers or changes address during this | ||||||
11 | grace period wishes to vote at the first election or primary | ||||||
12 | occurring after the grace period, he or she must do so by grace | ||||||
13 | period voting , either in person in the office of the election | ||||||
14 | authority or at a location specifically designated for this | ||||||
15 | purpose by the election authority, or by mail, at the | ||||||
16 | discretion of the election authority . The election authority | ||||||
17 | shall offer in-person grace period voting at his or her office | ||||||
18 | and may offer in-person grace period voting at additional | ||||||
19 | locations specifically designated for the purpose of grace | ||||||
20 | period voting by the election authority. The election authority | ||||||
21 | may allow grace period voting by mail only if the election | ||||||
22 | authority has no ballots prepared at the authority's office. | ||||||
23 | Grace period voting shall be in a manner substantially similar | ||||||
24 | to voting under Article 19. | ||||||
25 | Within one day after a voter casts a grace period ballot, | ||||||
26 | or within one day after the ballot is received by the election |
| |||||||
| |||||||
1 | authority if the election authority allows grace period voting | ||||||
2 | by mail, the election authority shall transmit by electronic | ||||||
3 | means pursuant to a process established by the State Board of | ||||||
4 | Elections the voter's name, street address, e-mail address, and | ||||||
5 | precinct, ward, township, and district numbers, as the case may | ||||||
6 | be, to the State Board of Elections, which shall maintain those | ||||||
7 | names and that information in an electronic format on its | ||||||
8 | website, arranged by county and accessible to State and local | ||||||
9 | political committees. The name of each person issued a grace | ||||||
10 | period ballot shall also be placed on the appropriate precinct | ||||||
11 | list of persons to whom absentee and early ballots have been | ||||||
12 | issued, for use as provided in Sections 17-9 and 18-5. | ||||||
13 | A person who casts a grace period ballot shall not be | ||||||
14 | permitted to revoke that ballot and vote another ballot with | ||||||
15 | respect to that primary or election. Ballots cast by persons | ||||||
16 | who register or change address during the grace period must be | ||||||
17 | transmitted to and counted at the election authority's central | ||||||
18 | ballot counting location and shall not be transmitted to and | ||||||
19 | counted at precinct polling places. The grace period ballots | ||||||
20 | determined to be valid shall be added to the vote totals for | ||||||
21 | the precincts for which they were cast in the order in which | ||||||
22 | the ballots were opened.
| ||||||
23 | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
| ||||||
24 | (10 ILCS 5/6-19.5 new) | ||||||
25 | Sec. 6-19.5. Rejection of Article by superseding county |
| |||||||
| |||||||
1 | board of election commissioners. In addition to any other | ||||||
2 | method of rejection provided in this Article, when a county | ||||||
3 | board of election commissioners is established in accordance | ||||||
4 | with subsection (c) of Section 6A-1 in a county in which is | ||||||
5 | located any portion of a municipality with a municipal board of | ||||||
6 | election commissioners, the application of the provisions of | ||||||
7 | this Article to the territory of that municipality located | ||||||
8 | within that county is rejected.
| ||||||
9 | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
| ||||||
10 | Sec. 6-29.
For the purpose of registering voters under this | ||||||
11 | Article,
the office of the Board of Election Commissioners | ||||||
12 | shall be open during
ordinary business hours of each week day, | ||||||
13 | from 9 a.m. to 12 o'clock noon
on the last four Saturdays | ||||||
14 | immediately preceding the end of the period
of registration | ||||||
15 | preceding each election, and such other days and such
other | ||||||
16 | times as the board may direct. During the 27 days immediately
| ||||||
17 | preceding any election there shall be no registration of voters | ||||||
18 | at the
office of the Board of Election Commissioners in cities, | ||||||
19 | villages and
incorporated towns of fewer than 200,000 | ||||||
20 | inhabitants. In cities,
villages and incorporated towns of | ||||||
21 | 200,000 or more inhabitants, there
shall be no registration of | ||||||
22 | voters at the office of the Board of
Election Commissioners | ||||||
23 | during the 35 days immediately preceding any
election; | ||||||
24 | provided, however, where no precinct registration is being
| ||||||
25 | conducted prior to any election then registration may be taken |
| |||||||
| |||||||
1 | in the
office of the Board up to and including the 28th day | ||||||
2 | prior to such
election. The Board of Election Commissioners may | ||||||
3 | set up and establish
as many branch offices for the purpose of | ||||||
4 | taking registrations as it may
deem necessary, and the branch | ||||||
5 | offices may be open on any or all dates
and hours during which | ||||||
6 | registrations may be taken in the main office.
All officers and | ||||||
7 | employees of the Board of Election Commissioners who
are | ||||||
8 | authorized by such board to take registrations under this | ||||||
9 | Article
shall be considered officers of the circuit court, and | ||||||
10 | shall be subject
to the same control as is provided by Section | ||||||
11 | 14-5 of this Act with
respect to judges of election.
| ||||||
12 | In any election called for the submission of the revision | ||||||
13 | or
alteration of, or the amendments to the Constitution, | ||||||
14 | submitted by a
Constitutional Convention, the final day for | ||||||
15 | registration at the office
of the election authority charged | ||||||
16 | with the printing of the ballot of
this election shall be the | ||||||
17 | 15th day prior to the date of election.
| ||||||
18 | The Board of Election Commissioners shall appoint one or | ||||||
19 | more
registration teams, consisting of 2 of its employees for | ||||||
20 | each team, for
the purpose of accepting the registration of any | ||||||
21 | voter who files an
affidavit, within the period for taking | ||||||
22 | registrations provided for in
this article, that he is | ||||||
23 | physically unable to appear at the office of
the Board or at | ||||||
24 | any appointed place of registration. On the day or days
when a | ||||||
25 | precinct registration is being conducted such teams shall | ||||||
26 | consist
of one member from each of the 2 leading political |
| |||||||
| |||||||
1 | parties who are
serving on the Precinct Registration Board. | ||||||
2 | Each team so designated
shall visit each disabled person and | ||||||
3 | shall accept the registration of
such person the same as if he | ||||||
4 | had applied for registration in person.
| ||||||
5 | Any otherwise qualified person who is absent from his | ||||||
6 | county of
residence due to business of the United States, or | ||||||
7 | who is temporarily residing
outside the territorial limits of | ||||||
8 | the United
States, may make application to become registered by | ||||||
9 | mail to the Board
of Election Commissioners within the periods | ||||||
10 | for registration provided
for in this Article or by | ||||||
11 | simultaneous application for absentee registration
and | ||||||
12 | absentee ballot as provided in Article 20 of this Code.
| ||||||
13 | Upon receipt of such application the Board of Election | ||||||
14 | Commissioners
shall immediately mail an affidavit of | ||||||
15 | registration in duplicate, which
affidavit shall contain the | ||||||
16 | following and such other information as the
State Board of | ||||||
17 | Elections may think it proper to require for the
identification | ||||||
18 | of the applicant:
| ||||||
19 | Name. The name of the applicant, giving surname and first | ||||||
20 | or
Christian name in full, and the middle name or the initial | ||||||
21 | for such
middle name, if any.
| ||||||
22 | Sex.
| ||||||
23 | Residence. The name and number of the street, avenue or | ||||||
24 | other
location of the dwelling, and such additional clear and | ||||||
25 | definite
description as may be necessary to determine the exact | ||||||
26 | location of the
dwelling of the applicant. Where the location |
| |||||||
| |||||||
1 | cannot be determined by
street and number, then the section, | ||||||
2 | congressional township and range
number may be used, or such | ||||||
3 | other information as may be necessary,
including post office | ||||||
4 | mailing address.
| ||||||
5 | Electronic mail address, if the registrant has provided | ||||||
6 | this information. | ||||||
7 | Term of residence in the State of Illinois and the | ||||||
8 | precinct.
| ||||||
9 | Nativity. The state or country in which the applicant was | ||||||
10 | born.
| ||||||
11 | Citizenship. Whether the applicant is native born or | ||||||
12 | naturalized.
If naturalized, the court, place and date of | ||||||
13 | naturalization.
| ||||||
14 | Age. Date of birth, by month, day and year.
| ||||||
15 | Out of State address of ..................
| ||||||
16 | AFFIDAVIT OF REGISTRATION
| ||||||
17 | State of .........)
| ||||||
18 | ) ss.
| ||||||
19 | County of ........)
| ||||||
20 | I hereby swear (or affirm) that I am a citizen of the | ||||||
21 | United States;
that on the day of the next election I shall | ||||||
22 | have resided in the State
of Illinois and in the election | ||||||
23 | precinct 30 days; that I am fully
qualified to vote, that I am | ||||||
24 | not registered to vote anywhere else in the
United States, that | ||||||
25 | I intend to remain a resident of the State of
Illinois, and of | ||||||
26 | the election precinct, that I intend to return to the State
of |
| |||||||
| |||||||
1 | Illinois, and that the
above statements are true.
| ||||||
2 | ..............................
| ||||||
3 | (His or her signature or mark)
| ||||||
4 | Subscribed and sworn to before me, an officer qualified to | ||||||
5 | administer
oaths, on (insert date).
| ||||||
6 | ........................................
| ||||||
7 | Signature of officer administering oath.
| ||||||
8 | Upon receipt of the executed duplicate affidavit of | ||||||
9 | Registration, the
Board of Election Commissioners shall | ||||||
10 | transfer the information contained
thereon to duplicate | ||||||
11 | Registration Cards provided for in Section 6-35 of
this Article | ||||||
12 | and shall attach thereto a copy of each of the duplicate
| ||||||
13 | affidavit of registration and thereafter such registration | ||||||
14 | card and
affidavit shall constitute the registration of such | ||||||
15 | person the same as
if he had applied for registration in | ||||||
16 | person.
| ||||||
17 | (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
| ||||||
18 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||||||
19 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
20 | provide a
sufficient number of blank forms for the registration | ||||||
21 | of electors which
shall be known as registration record cards | ||||||
22 | and which shall consist of
loose leaf sheets or cards, of | ||||||
23 | suitable size to contain in plain writing
and figures the data | ||||||
24 | hereinafter required thereon or shall consist of computer
cards | ||||||
25 | of suitable nature to contain the data required thereon. The |
| |||||||
| |||||||
1 | registration
record cards, which shall include an affidavit of | ||||||
2 | registration as
hereinafter provided, shall be executed in | ||||||
3 | duplicate. The duplicate of
which may be a carbon copy of the | ||||||
4 | original or a copy of the original
made by the use of other | ||||||
5 | method or material used for making simultaneous
true copies or | ||||||
6 | duplications.
| ||||||
7 | The registration record card shall contain the following | ||||||
8 | and such
other information as the Board of Election | ||||||
9 | Commissioners may think it
proper to require for the | ||||||
10 | identification of the applicant for
registration:
| ||||||
11 | Name. The name of the applicant, giving surname and first | ||||||
12 | or
Christian name in full, and the middle name or the initial | ||||||
13 | for such
middle name, if any.
| ||||||
14 | Sex.
| ||||||
15 | Residence. The name and number of the street, avenue, or | ||||||
16 | other
location of the dwelling, including the apartment, unit | ||||||
17 | or room number,
if any, and in the case of a mobile home the lot | ||||||
18 | number, and such additional
clear and definite description as | ||||||
19 | may be necessary to determine the exact
location of the | ||||||
20 | dwelling of the applicant, including post-office mailing
| ||||||
21 | address. In the case of a homeless individual, the individual's | ||||||
22 | voting
residence that is his or her mailing address shall be | ||||||
23 | included on his or her
registration record card.
| ||||||
24 | Term of residence in the State of Illinois and the | ||||||
25 | precinct.
| ||||||
26 | Nativity. The state or country in which the applicant was |
| |||||||
| |||||||
1 | born.
| ||||||
2 | Citizenship. Whether the applicant is native born or | ||||||
3 | naturalized. If
naturalized, the court, place, and date of | ||||||
4 | naturalization.
| ||||||
5 | Date of application for registration, i.e., the day, month | ||||||
6 | and year
when the applicant presented himself for registration.
| ||||||
7 | Age. Date of birth, by month, day and year.
| ||||||
8 | Physical disability of the applicant, if any, at the time | ||||||
9 | of
registration, which would require assistance in voting.
| ||||||
10 | The county and state in which the applicant was last | ||||||
11 | registered.
| ||||||
12 | Electronic mail address, if any. | ||||||
13 | Signature of voter. The applicant, after registration and | ||||||
14 | in the
presence of a deputy registrar or other officer of | ||||||
15 | registration shall be
required to sign his or her name in ink | ||||||
16 | to the affidavit on both the
original and the duplicate | ||||||
17 | registration record card.
| ||||||
18 | Signature of deputy registrar.
| ||||||
19 | In case applicant is unable to sign his name, he may affix | ||||||
20 | his mark
to the affidavit. In such case the registration | ||||||
21 | officer shall write a
detailed description of the applicant in | ||||||
22 | the space provided at the
bottom of the card or sheet; and | ||||||
23 | shall ask the following questions and
record the answers | ||||||
24 | thereto:
| ||||||
25 | Father's first name .........................
| ||||||
26 | Mother's first name .........................
|
| |||||||
| |||||||
1 | From what address did you last register? ....
| ||||||
2 | Reason for inability to sign name ...........
| ||||||
3 | Each applicant for registration shall make an affidavit in
| ||||||
4 | substantially the following form:
| ||||||
5 | AFFIDAVIT OF REGISTRATION
| ||||||
6 | State of Illinois )
| ||||||
7 | )ss
| ||||||
8 | County of ....... )
| ||||||
9 | I hereby swear (or affirm) that I am a citizen of the | ||||||
10 | United States,
that on the day of the next election I shall | ||||||
11 | have resided in the State
of Illinois and in the election | ||||||
12 | precinct 30 days and that I intend that
this location is my | ||||||
13 | residence; that I am fully qualified to
vote, and that the | ||||||
14 | above statements are true.
| ||||||
15 | ..............................
| ||||||
16 | (His or her signature or mark)
| ||||||
17 | Subscribed and sworn to before me on (insert date).
| ||||||
18 | ......................................
| ||||||
19 | Signature of registration officer
| ||||||
20 | (to be signed in presence of registrant).
| ||||||
21 | Space shall be provided upon the face of each registration | ||||||
22 | record
card for the notation of the voting record of the person | ||||||
23 | registered
thereon.
| ||||||
24 | Each registration record card shall be numbered according | ||||||
25 | to wards or
precincts, as the case may be, and may be serially | ||||||
26 | or otherwise marked
for identification in such manner as the |
| |||||||
| |||||||
1 | Board of Election Commissioners
may determine.
| ||||||
2 | The registration cards shall be deemed public records and | ||||||
3 | shall be
open to inspection during regular business hours, | ||||||
4 | except during the 27
days immediately preceding any election. | ||||||
5 | On written request of any
candidate or objector or any person | ||||||
6 | intending to object to a petition, the
election authority shall | ||||||
7 | extend its hours for inspection of registration
cards and other | ||||||
8 | records of the election authority during the period
beginning | ||||||
9 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
10 | 28-3 and continuing through the termination of electoral board | ||||||
11 | hearings on
any objections to petitions containing signatures | ||||||
12 | of registered voters in
the jurisdiction of the election | ||||||
13 | authority. The extension shall be for a
period of hours | ||||||
14 | sufficient to allow adequate opportunity for examination of
the | ||||||
15 | records but the election authority is not required to extend | ||||||
16 | its hours
beyond the period beginning at its normal opening for | ||||||
17 | business and ending
at midnight. If the business hours are so | ||||||
18 | extended, the election authority
shall post a public notice of | ||||||
19 | such extended hours. Registration record cards
may also be | ||||||
20 | inspected, upon approval of the officer in charge of the cards,
| ||||||
21 | during the 27 days immediately preceding any election. | ||||||
22 | Registration
record
cards shall also be open to inspection by | ||||||
23 | certified judges and poll watchers
and challengers at the | ||||||
24 | polling place on election day, but only to the extent
necessary | ||||||
25 | to determine the question of the right of a person to vote or | ||||||
26 | to
serve as a judge of election. At no time shall poll watchers |
| |||||||
| |||||||
1 | or challengers be
allowed to physically handle the registration | ||||||
2 | record cards.
| ||||||
3 | Updated copies of computer tapes or computer discs or other | ||||||
4 | electronic data
processing information containing voter | ||||||
5 | registration information shall
be furnished by the Board of | ||||||
6 | Election Commissioners within 10 days after
December 15 and May | ||||||
7 | 15 each year and within 10
days after each registration period | ||||||
8 | is closed to the State Board
of Elections in a
form prescribed | ||||||
9 | by the State Board. For the purposes of this Section, a
| ||||||
10 | registration period is closed 27 days before the date of any | ||||||
11 | regular
or special
election. Registration information shall
| ||||||
12 | include, but not be limited to, the following information: | ||||||
13 | name, sex,
residence, telephone number, if any, age, party | ||||||
14 | affiliation, if
applicable, precinct, ward, township, county, | ||||||
15 | and representative,
legislative and congressional districts. | ||||||
16 | In the event of noncompliance,
the State Board of Elections is | ||||||
17 | directed to obtain compliance forthwith
with this | ||||||
18 | nondiscretionary duty of the election authority by instituting
| ||||||
19 | legal proceedings in the circuit court of the county in which | ||||||
20 | the election
authority maintains the registration information. | ||||||
21 | The costs of furnishing
updated copies of tapes or discs shall | ||||||
22 | be paid at a rate of $.00034
per name of registered voters in | ||||||
23 | the election jurisdiction, but not less
than $50 per tape or | ||||||
24 | disc and shall be paid from appropriations made to the
State | ||||||
25 | Board of Elections for reimbursement to the election authority | ||||||
26 | for
such purpose. The State Board shall furnish copies of such |
| |||||||
| |||||||
1 | tapes, discs,
other electronic data or compilations thereof to | ||||||
2 | state political committees
registered pursuant to the Illinois | ||||||
3 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
4 | to governmental entities, at their request and at a reasonable | ||||||
5 | cost.
To protect the privacy and confidentiality of voter | ||||||
6 | registration information,
the disclosure
of electronic voter | ||||||
7 | registration records to any person or entity other than to a
| ||||||
8 | State or local political
committee and other than to a | ||||||
9 | governmental entity for a governmental
purpose is specifically | ||||||
10 | prohibited except as follows: subject to security measures | ||||||
11 | adopted by the State Board of Elections which, at a minimum, | ||||||
12 | shall include the keeping of a catalog or database, available | ||||||
13 | for public view, including the name, address, and telephone | ||||||
14 | number of the person viewing the list as well as the time of | ||||||
15 | that viewing, any person may view the centralized statewide | ||||||
16 | voter registration list on a computer screen at the Springfield | ||||||
17 | office of the State Board of Elections, during normal business | ||||||
18 | hours other than during the 27 days before an election, but the | ||||||
19 | person viewing the list under this exception may not print, | ||||||
20 | duplicate, transmit, or alter the list.
Copies of the
tapes, | ||||||
21 | discs or other electronic data shall be furnished by the Board | ||||||
22 | of
Election Commissioners to local political committees and | ||||||
23 | governmental entities at their request and at a
reasonable | ||||||
24 | cost. Reasonable cost of the tapes, discs, et cetera for
this | ||||||
25 | purpose would be the cost of duplication plus 15% for
| ||||||
26 | administration. The individual representing a political |
| |||||||
| |||||||
1 | committee
requesting copies of such tapes shall make a sworn | ||||||
2 | affidavit that the
information shall be used only for bona fide | ||||||
3 | political purposes,
including by or for candidates for office | ||||||
4 | or incumbent office holders.
Such tapes, discs or other | ||||||
5 | electronic data shall not be used under any
circumstances by | ||||||
6 | any political committee or individuals for purposes of
| ||||||
7 | commercial solicitation or other business purposes. If such | ||||||
8 | tapes
contain information on county residents related to the | ||||||
9 | operations of
county government in addition to registration | ||||||
10 | information, that
information shall not be used under any | ||||||
11 | circumstances for commercial
solicitation or other business | ||||||
12 | purposes. The prohibition in this
Section against using the | ||||||
13 | computer tapes or computer discs or other
electronic data | ||||||
14 | processing information containing voter registration
| ||||||
15 | information for purposes of commercial solicitation or other | ||||||
16 | business
purposes shall be prospective only from the effective | ||||||
17 | date of this
amended Act of 1979. Any person who violates this | ||||||
18 | provision shall be
guilty of a Class 4 felony.
| ||||||
19 | The State Board of Elections shall promulgate, by October | ||||||
20 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
21 | uniformity throughout the State
in electronic data processing | ||||||
22 | of voter registration information. The
regulations shall | ||||||
23 | include, but need not be limited to, specifications for
uniform | ||||||
24 | medium, communications protocol and file structure to be | ||||||
25 | employed
by the election authorities of this State in the | ||||||
26 | electronic data processing
of voter registration information. |
| |||||||
| |||||||
1 | Each election authority utilizing
electronic data processing | ||||||
2 | of voter registration information shall comply
with such | ||||||
3 | regulations on and after May 15, 1988.
| ||||||
4 | If the applicant for registration was last registered in | ||||||
5 | another
county within this State, he shall also sign a | ||||||
6 | certificate authorizing
cancellation of the former | ||||||
7 | registration. The certificate shall be in
substantially the | ||||||
8 | following form:
| ||||||
9 | To the County Clerk of .... County, Illinois.
| ||||||
10 | To the Election Commission of the City of ...., Illinois.
| ||||||
11 | This is to certify that I am registered in your (county) | ||||||
12 | (city) and
that my residence was ..... Having moved out of your | ||||||
13 | (county), (city), I
hereby authorize you to cancel that | ||||||
14 | registration in your office.
| ||||||
15 | Dated at ...., Illinois, on (insert date).
| ||||||
16 | ....................
| ||||||
17 | (Signature of Voter)
| ||||||
18 | Attest ...., Clerk, Election Commission of the City of....,
| ||||||
19 | Illinois.
| ||||||
20 | The cancellation certificate shall be mailed immediately | ||||||
21 | by the clerk
of the Election Commission to the county clerk, | ||||||
22 | (or Election Commission
as the case may be) where the applicant | ||||||
23 | was formerly registered. Receipt
of such certificate shall be | ||||||
24 | full authority for cancellation of any
previous registration.
| ||||||
25 | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||||||
26 | 94-136, eff. 7-7-05.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
| ||||||
2 | Sec. 6-40.
Where verification lists are furnished to the | ||||||
3 | canvassers by the
Board of Election Commissioners, immediately | ||||||
4 | upon completion of the
canvass, the canvassers, or one of them, | ||||||
5 | shall file with the Board of
Election Commissioners the list of | ||||||
6 | registered voters upon which the
canvassers have made notation | ||||||
7 | in the column headed "Remarks" as follows:
"O. K.", if they | ||||||
8 | still reside at the address shown on the registration
list, or | ||||||
9 | "Died", "Moved", or "Changed Name" as the case may be. Such | ||||||
10 | lists
shall be attested to by the canvassers in an attached | ||||||
11 | affidavit. No
canvasser shall be remunerated for services as | ||||||
12 | canvasser until such signed
affidavit is filed with the Board | ||||||
13 | of Election Commissioners.
| ||||||
14 | Upon receipt by the Board of Election Commissioners of the | ||||||
15 | completed
list and the attached affidavit as to the correctness | ||||||
16 | of the list, the
Board of Election Commissioners shall prepare | ||||||
17 | post card "Notices to Show
Cause Why Registration Should not be | ||||||
18 | Cancelled" to send to each voter on
each list after whose name | ||||||
19 | the canvassers have written "Died", "Moved", or
"Changed Name". | ||||||
20 | They shall be sent by mail, and electronic mail if the person | ||||||
21 | whose registration is questioned has provided the election | ||||||
22 | authority with an e-mail address, mailed to those whose | ||||||
23 | registration is
questioned by the Board of Election | ||||||
24 | Commissioners not later than 10 P.M. on
Friday of the week of | ||||||
25 | the canvass. The affidavits made by the canvassers
showing the |
| |||||||
| |||||||
1 | names and addresses of such canvassers shall be a public record
| ||||||
2 | for 60 days.
| ||||||
3 | The Board of Election Commissioners shall also prepare a | ||||||
4 | correct list of
those registered voters in each precinct who | ||||||
5 | are designated "O.K." in the
remarks column by the canvassers | ||||||
6 | and supplemental lists after the hearings
on "Notices to Show | ||||||
7 | Cause Why Registration Should Not be Cancelled"; such
lists to | ||||||
8 | be called "Printed Register of Registered Voters" of a given | ||||||
9 | date
and supplements thereto.
| ||||||
10 | It shall be the duty of the Board of Election Commissioners | ||||||
11 | when
complaint is made to them, to investigate the action of | ||||||
12 | such canvassers and
to cause them or either of them to be | ||||||
13 | brought before the circuit court and
to prosecute them as for | ||||||
14 | contempt, and also at the discretion of the Board
of Election | ||||||
15 | Commissioners, to cause them to be prosecuted criminally for
| ||||||
16 | such wilful neglect of duty.
| ||||||
17 | (Source: Laws 1965, p. 3501.)
| ||||||
18 | (10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
| ||||||
19 | Sec. 6-57.
To each person who registers at the office of | ||||||
20 | the board of
election commissioners or at any place designated | ||||||
21 | by such board under
Section 6-51 of this Article, after the | ||||||
22 | first registration under this
Article, the board shall send by | ||||||
23 | mail , and electronic mail if the registrant has provided the | ||||||
24 | board of election committees with an e-mail address, a notice | ||||||
25 | setting forth the elector's
name and address as it appears on |
| |||||||
| |||||||
1 | the registration record card, and shall
request him in case of | ||||||
2 | any error to present the notice on or before the
tenth day next | ||||||
3 | ensuing at the office of the Board of Election Commissioners
in | ||||||
4 | order to secure the correction of the error. Such notice shall | ||||||
5 | contain
on the outside a request for the postmaster to return | ||||||
6 | it within five days
if it cannot be delivered to the addressee | ||||||
7 | at the address given thereon.
Upon the return by the post | ||||||
8 | office of any such notice which it has been
unable to deliver | ||||||
9 | at the given address because the addressee cannot be
found | ||||||
10 | there, a notice shall be at once sent through the United States | ||||||
11 | mail
to such person at the address appearing upon his | ||||||
12 | registration record card
requiring him to appear before the | ||||||
13 | Board of Election Commissioners at a
time and place specified | ||||||
14 | in the notice and show cause why his name should
not be | ||||||
15 | cancelled from the register. Thereafter, proceedings shall be, | ||||||
16 | as
nearly as may be, in conformity with those established by | ||||||
17 | Section 6-52 of
this Article with respect to applications to | ||||||
18 | complete registration. Such
notice may be sent at any time | ||||||
19 | within thirty days after the registration of
any person, but | ||||||
20 | such notice shall be sent within five days after the last
day | ||||||
21 | of registration before any election, to all persons who have | ||||||
22 | registered
since the last preceding election, and to whom no | ||||||
23 | such notice has
theretofore been sent; and where the addressee | ||||||
24 | cannot be found, notice
requiring such person to appear before | ||||||
25 | the board of election commissioners
shall specify dates for | ||||||
26 | hearing before the election not later than those
prescribed by |
| |||||||
| |||||||
1 | Section 6-45 of this Article.
| ||||||
2 | (Source: Laws 1951, p. 1795 .)
| ||||||
3 | (10 ILCS 5/6-79)
| ||||||
4 | Sec. 6-79. Computerization of voter records.
| ||||||
5 | (a) The State Board of Elections shall design a | ||||||
6 | registration record card
that, except as otherwise provided in | ||||||
7 | this Section, shall be used in duplicate
by all election | ||||||
8 | authorities in the State adopting a computer-based voter
| ||||||
9 | registration file as provided in this Section. The Board shall | ||||||
10 | prescribe the
form
and specifications, including but not | ||||||
11 | limited to the weight of paper, color,
and print of the cards. | ||||||
12 | The cards shall contain boxes or spaces for the
information | ||||||
13 | required under Sections 6-31.1 and 6-35; provided
that
the | ||||||
14 | cards shall also contain: (i) A space for the person to fill in | ||||||
15 | his or
her Illinois driver's license number if the person has a | ||||||
16 | driver's license; (ii)
A space for a person without a driver's | ||||||
17 | license to fill in the last four digits
of his or her social | ||||||
18 | security number if the person has a social security
number.
| ||||||
19 | (b) The election authority may develop and implement a | ||||||
20 | system to
prepare,
use, and maintain a computer-based voter | ||||||
21 | registration file that includes a
computer-stored image of the | ||||||
22 | signature of each voter. The computer-based voter
registration | ||||||
23 | file may be used for all purposes for which the original
| ||||||
24 | registration cards are to be used, provided that a system for | ||||||
25 | the storage of at
least one copy of the original registration |
| |||||||
| |||||||
1 | cards remains in effect.
In the case of voter registration | ||||||
2 | forms received via an online voter registration system, the | ||||||
3 | original registration cards will include the signature | ||||||
4 | received from the Secretary of State database. The electronic | ||||||
5 | file shall be the master file.
| ||||||
6 | (c) Any system created, used, and maintained under | ||||||
7 | subsection
(b) of this
Section shall meet the following | ||||||
8 | standards:
| ||||||
9 | (1) Access to any computer-based voter registration | ||||||
10 | file shall be limited
to those persons authorized by the | ||||||
11 | election authority, and each access to the
computer-based | ||||||
12 | voter registration file, other than an access solely for
| ||||||
13 | inquiry, shall be recorded.
| ||||||
14 | (2) No copy, summary, list, abstract, or index of any | ||||||
15 | computer-based voter
registration file that includes any | ||||||
16 | computer-stored image of the signature of
any registered | ||||||
17 | voter shall be made available to the public outside of the
| ||||||
18 | offices of the election authority.
| ||||||
19 | (3) Any copy, summary, list, abstract, or index of any | ||||||
20 | computer-based
voter
registration file that includes a | ||||||
21 | computer-stored image of the signature of a
registered | ||||||
22 | voter shall be produced in such a manner that it cannot be
| ||||||
23 | reproduced.
| ||||||
24 | (4) Each person desiring to vote shall sign an | ||||||
25 | application for a ballot,
and the signature comparison | ||||||
26 | authorized in Articles 17 and 18 of this Code may
be made |
| |||||||
| |||||||
1 | to a copy of the computer-stored image of the signature of | ||||||
2 | the
registered voter.
| ||||||
3 | (5) Any voter list produced from a computer-based voter | ||||||
4 | registration file
that includes computer-stored images of | ||||||
5 | the signatures of registered voters and
is used in a | ||||||
6 | polling place during an election shall be preserved by the
| ||||||
7 | election authority in secure storage until the end of the | ||||||
8 | second calendar year
following the election in which it was | ||||||
9 | used.
| ||||||
10 | (d) Before the first election in which the election | ||||||
11 | authority
elects to use
a voter list produced from the | ||||||
12 | computer-stored images of the signatures of
registered voters | ||||||
13 | in a computer-based voter registration file for signature
| ||||||
14 | comparison in a polling place, the State Board of Elections | ||||||
15 | shall certify that
the system used by the election authority | ||||||
16 | complies with the standards set forth
in this Section. The | ||||||
17 | State Board of Elections may request a sample poll list
| ||||||
18 | intended to be used in a polling place to test the accuracy of | ||||||
19 | the list and the
adequacy of the computer-stored images of the | ||||||
20 | signatures of the registered
voters.
| ||||||
21 | (e) With respect to a jurisdiction that has copied all of | ||||||
22 | its
voter
signatures into a computer-based registration file, | ||||||
23 | all references in this Act
or any other Act to the use, other | ||||||
24 | than storage, of paper-based voter
registration records shall | ||||||
25 | be deemed to refer to their computer-based
equivalents.
| ||||||
26 | (f) Nothing in this Section prevents an election authority |
| |||||||
| |||||||
1 | from
submitting to the State Board of Elections a duplicate | ||||||
2 | copy of some, as the
State Board of Elections shall determine, | ||||||
3 | or all of the data contained in each
voter registration record | ||||||
4 | that is part of the electronic master file. The
duplicate copy | ||||||
5 | of the registration record shall be maintained by the State
| ||||||
6 | Board of Elections under the same terms and limitations | ||||||
7 | applicable to the
election authority and shall be of equal | ||||||
8 | legal dignity with the original
registration record maintained | ||||||
9 | by the election authority as proof of any fact
contained in the | ||||||
10 | voter registration record.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
12 | (10 ILCS 5/6-100) | ||||||
13 | Sec. 6-100. Grace period. Notwithstanding any other | ||||||
14 | provision of this
Code to the contrary, each election authority | ||||||
15 | shall
establish procedures for the registration of voters and | ||||||
16 | for change of address during the period from the close of
| ||||||
17 | registration for a primary or election and until the 3rd day | ||||||
18 | before the
primary or election. During this grace period, an | ||||||
19 | unregistered qualified
elector may
register to vote, and a | ||||||
20 | registered voter may submit a change of address form, in person | ||||||
21 | in the office of the election
authority or at a voter | ||||||
22 | registration location specifically designated for this
purpose | ||||||
23 | by the election authority. The election authority shall
| ||||||
24 | register that individual, or change a registered voter's | ||||||
25 | address, in the same manner as otherwise provided by this |
| |||||||
| |||||||
1 | Article for registration and change of address. | ||||||
2 | If a voter who registers or changes address during this | ||||||
3 | grace period wishes to vote at the first election or primary | ||||||
4 | occurring after the grace period , he or she must do so by grace | ||||||
5 | period voting, either in person in the office of the election | ||||||
6 | authority or at a location specifically designated for this | ||||||
7 | purpose by the election authority, or by mail, at the | ||||||
8 | discretion of the election authority . The election authority | ||||||
9 | shall offer in-person grace period voting at the authority's | ||||||
10 | office and may offer in-person grace period voting at | ||||||
11 | additional locations specifically designated for the purpose | ||||||
12 | of grace period voting by the election authority. The election | ||||||
13 | authority may allow grace period voting by mail only if the | ||||||
14 | election authority has no ballots prepared at the authority's | ||||||
15 | office. Grace period voting shall be in a manner substantially | ||||||
16 | similar to voting under Article 19. | ||||||
17 | Within one day after a voter casts a grace period ballot, | ||||||
18 | or within one day after the ballot is received by the election | ||||||
19 | authority if the election authority allows grace period voting | ||||||
20 | by mail, the election authority shall transmit by electronic | ||||||
21 | means pursuant to a process established by the State Board of | ||||||
22 | Elections the voter's name, street address, e-mail address, and | ||||||
23 | precinct, ward, township, and district numbers, as the case may | ||||||
24 | be, to the State Board of Elections, which shall maintain those | ||||||
25 | names and that information in an electronic format on its | ||||||
26 | website, arranged by county and accessible to State and local |
| |||||||
| |||||||
1 | political committees. The name of each person issued a grace | ||||||
2 | period ballot shall also be placed on the appropriate precinct | ||||||
3 | list of persons to whom absentee and early ballots have been | ||||||
4 | issued, for use as provided in Sections 17-9 and 18-5. | ||||||
5 | A person who casts a grace period ballot shall not be | ||||||
6 | permitted to revoke that ballot and vote another ballot with | ||||||
7 | respect to that primary or election. Ballots cast by persons | ||||||
8 | who register or change address during the grace period must be | ||||||
9 | transmitted to and counted at the election authority's central | ||||||
10 | ballot counting location and shall not be transmitted to and | ||||||
11 | counted at precinct polling places. The grace period ballots | ||||||
12 | determined to be valid shall be added to the vote totals for | ||||||
13 | the precincts for which they were cast in the order in which | ||||||
14 | the ballots were opened.
| ||||||
15 | (Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
| ||||||
16 | (10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
| ||||||
17 | Sec. 6A-1.
| ||||||
18 | (a) Any county in which there is no city, village or | ||||||
19 | incorporated town
with a board of election commissioners may | ||||||
20 | establish a county board of
election commissioners either (1) | ||||||
21 | by ordinance of the county board or
(2) by vote of the electors | ||||||
22 | of the county in accordance with subsection (a) of Section
| ||||||
23 | 6A-2.
| ||||||
24 | The fact that some territory in a county is within the | ||||||
25 | corporate
limits of a city, village or incorporated town with a |
| |||||||
| |||||||
1 | board of election
commissioners does not prevent that county | ||||||
2 | from establishing a county
board of election commissioners in | ||||||
3 | accordance with this Article if no
portion of such city, | ||||||
4 | village or incorporated town was within the county
at the time | ||||||
5 | of the establishment of the board of election commissioners
for | ||||||
6 | such city, village or incorporated town. If such a county
| ||||||
7 | establishes a county board of election commissioners pursuant | ||||||
8 | to this
Article, the county board of election commissioners | ||||||
9 | shall, with respect
to the territory in the county within the | ||||||
10 | corporate limits of the city,
village or incorporated town, | ||||||
11 | supersede the board of election
commissioners of that city, | ||||||
12 | village or incorporated town.
| ||||||
13 | (b) Any county with a population of more than 700,000 | ||||||
14 | persons as of the 2010 federal decennial census that borders | ||||||
15 | another state and borders no more than 2 other Illinois | ||||||
16 | counties, shall be subject to a county board of election | ||||||
17 | commissioners beginning 90 days after the effective date of | ||||||
18 | this amendatory Act of the 98th General Assembly. | ||||||
19 | (c) Any county with a population of less than 200,000 but | ||||||
20 | more than 175,000 persons as of the 2010 federal decennial | ||||||
21 | census in which a city, village, or incorporated town with a | ||||||
22 | board of election commissioners is located may establish a | ||||||
23 | county board of election commissioners by vote of the electors | ||||||
24 | of the county in accordance with subsection (b) of Section | ||||||
25 | 6A-2. If such a county establishes a county board of election | ||||||
26 | commissioners, the county board of election commissioners, |
| |||||||
| |||||||
1 | with respect to the territory in the county within the | ||||||
2 | corporate limits of the city, village, or incorporated town, | ||||||
3 | shall supersede the board of election commissioners of that | ||||||
4 | city, village, or incorporated town. | ||||||
5 | (Source: P.A. 81-1433.)
| ||||||
6 | (10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
| ||||||
7 | Sec. 6A-2. Submission to voters. | ||||||
8 | (a) Whenever registered voters in a the county described in | ||||||
9 | subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
| ||||||
10 | of the number voting at the last preceding general election in | ||||||
11 | the county,
whichever is less, petition the circuit court to | ||||||
12 | submit to the electors of
the county a proposition to establish | ||||||
13 | a county board of election
commissioners, the circuit court | ||||||
14 | shall cause such proposition to be
submitted to the electors of | ||||||
15 | the county at the next succeeding general
election. | ||||||
16 | (b) If the county board of a county described in subsection | ||||||
17 | (c) of Section 6A-1 passes an ordinance or resolution | ||||||
18 | establishing a county board of election commissioners, then the | ||||||
19 | proposition to establish a county board of election | ||||||
20 | commissioners shall be submitted to the electors of that county | ||||||
21 | at the next possible general election. The board shall certify | ||||||
22 | the ordinance or resolution and the proposition to the proper | ||||||
23 | election officials who shall submit the proposition at the next | ||||||
24 | general election in accordance with the general election law. | ||||||
25 | (c) The proposition shall be submitted in the same manner |
| |||||||
| |||||||
1 | as provided
in Article 6 for the adoption of Articles 6, 14 and | ||||||
2 | 18 by cities, villages
and incorporated towns, except that the | ||||||
3 | question shall be stated: "Shall a
board of election | ||||||
4 | commissioners be established for .... County?"
| ||||||
5 | (Source: P.A. 78-465.)
| ||||||
6 | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| ||||||
7 | Sec. 6A-3. Commissioners; filling vacancies. | ||||||
8 | (a) If the county board adopts an ordinance providing for | ||||||
9 | the
establishment of a county board of election commissioners, | ||||||
10 | or if a
majority of the votes cast on a proposition submitted | ||||||
11 | in accordance with
Section 6A-2 (a) are in favor of a county | ||||||
12 | board of election commissioners, a
county board of election | ||||||
13 | commissioners shall be appointed in the same
manner as is | ||||||
14 | provided in Article 6 for boards of election commissioners
in | ||||||
15 | cities, villages and incorporated towns, except that the county | ||||||
16 | board of
election commissioners shall be appointed by the | ||||||
17 | chairman of the county board
rather than the circuit court. | ||||||
18 | However, before any
appointments are made, the appointing | ||||||
19 | authority shall ascertain whether
the county clerk desires to | ||||||
20 | be a member of the county board of election
commissioners. If | ||||||
21 | the county clerk so
desires, he shall be one of the
members of | ||||||
22 | the county board of election commissioners, and the
appointing | ||||||
23 | authority shall appoint only 2 other members.
| ||||||
24 | (b) For any county board of election commissioners | ||||||
25 | established under subsection (b) of Section 6A-1, within 30 |
| |||||||
| |||||||
1 | days after the effective date of this amendatory Act of the | ||||||
2 | 98th General Assembly, the chief judge of the circuit court of | ||||||
3 | the county shall appoint 5 commissioners. At least 4 of those | ||||||
4 | commissioners shall be selected from the 2 major established | ||||||
5 | political parties of the State, with at least 2 from each of | ||||||
6 | those parties. Such appointment shall be entered of record in | ||||||
7 | the office of the County Clerk and the State Board of | ||||||
8 | Elections. Those first appointed shall hold their offices for | ||||||
9 | the period of one, 2, and 3 years respectively, and the judge | ||||||
10 | appointing them shall designate the term for which each | ||||||
11 | commissioner shall hold his or her office, whether for one, 2 | ||||||
12 | or 3 years except that no more than one commissioner from each | ||||||
13 | major established political party may be designated the same | ||||||
14 | term. After the initial term, each commissioner or his or her | ||||||
15 | successor shall be appointed to a 3 year term. No elected | ||||||
16 | official or former elected official who has been out of elected | ||||||
17 | office for less than 2 years may be appointed to the board. | ||||||
18 | Vacancies shall be filled by the chief judge of the circuit | ||||||
19 | court within 30 days of the vacancy in a manner that maintains | ||||||
20 | the foregoing political party representation. | ||||||
21 | (c) For any county board of election commissioners | ||||||
22 | established under subsection (c) of Section 6A-1, within 30 | ||||||
23 | days after the conclusion of the election at which the | ||||||
24 | proposition to establish a county board of election | ||||||
25 | commissioners is approved by the voters, the municipal board | ||||||
26 | shall apply to the circuit court of the county for the chief |
| |||||||
| |||||||
1 | judge of the circuit court to appoint 2 additional | ||||||
2 | commissioners, one of whom shall be from each major established | ||||||
3 | political party and neither of whom shall reside within the | ||||||
4 | limits of the municipal board, so that 3 commissioners shall | ||||||
5 | reside within the limits of the municipal board and 2 shall | ||||||
6 | reside within the county but not within the municipality, as it | ||||||
7 | may exist from time to time. Not more than 3 of the | ||||||
8 | commissioners shall be members of the same major established | ||||||
9 | political party. Vacancies shall be filled by the chief judge | ||||||
10 | of the circuit court upon application of the remaining | ||||||
11 | commissioners in a manner that maintains the foregoing | ||||||
12 | geographical and political party representation. | ||||||
13 | (Source: P.A. 91-358, eff. 7-29-99.)
| ||||||
14 | (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
| ||||||
15 | Sec. 6A-4. Transfer of records. Upon the opening of an the | ||||||
16 | office of a the county board of election
commissioners, the | ||||||
17 | county clerk and any municipal board of election commissioners | ||||||
18 | in the county shall turn over to such county board all registry
| ||||||
19 | books, registration record cards, poll books, tally sheets and | ||||||
20 | ballot boxes
and all other books, forms, blanks and stationery | ||||||
21 | of every description in the clerk's or municipal board's | ||||||
22 | possession
his hands in any way relating to elections or the | ||||||
23 | holding of elections in
the county and any unused | ||||||
24 | appropriations related to elections or the holding of elections | ||||||
25 | in the county . Thereupon, all functions, powers and duties of |
| |||||||
| |||||||
1 | the county clerk ,
or the county board , or the municipal board | ||||||
2 | relating to elections in that county are transferred to the | ||||||
3 | county
board of election commissioners.
| ||||||
4 | (Source: P.A. 78-465.)
| ||||||
5 | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| ||||||
6 | Sec. 8-9.
All petitions for nomination shall be filed by | ||||||
7 | mail or in
person as follows:
| ||||||
8 | (1) Where the nomination is made for a legislative | ||||||
9 | office, such
petition for nomination shall be filed in the | ||||||
10 | principal office of the
State Board of Elections not more | ||||||
11 | than 113 and not less than 106 days
prior to the date of | ||||||
12 | the primary.
| ||||||
13 | (2) The State Board of Elections shall, upon receipt of | ||||||
14 | each
petition, endorse thereon the day and hour on which it | ||||||
15 | was filed.
Petitions filed by mail and received after | ||||||
16 | midnight on the first day for
filing and in the first mail | ||||||
17 | delivery or pickup of that day, shall be deemed
as filed as | ||||||
18 | of 8:00 a.m. of that day or as of the normal opening hour | ||||||
19 | of
such day as the case may be, and all petitions received | ||||||
20 | thereafter shall be
deemed as filed in the order of actual | ||||||
21 | receipt. However, 2 or more petitions filed within the last | ||||||
22 | hour of the filing deadline shall be deemed to have been | ||||||
23 | filed simultaneously. Where 2 or more petitions
are | ||||||
24 | received simultaneously, the State Board of Elections | ||||||
25 | shall break ties
and determine the order of filing, by |
| |||||||
| |||||||
1 | means of a lottery as provided in
Section 7-12 of this | ||||||
2 | Code.
| ||||||
3 | (3) Any person for whom a petition for nomination has | ||||||
4 | been filed,
may cause his name to be withdrawn by a request | ||||||
5 | in writing, signed by
him, duly acknowledged before an | ||||||
6 | officer qualified to take
acknowledgments of deeds, and | ||||||
7 | filed in the principal or permanent branch
office of the | ||||||
8 | State Board of Elections not later than the date of
| ||||||
9 | certification of candidates for the general primary | ||||||
10 | ballot, and no names so
withdrawn shall be certified by the | ||||||
11 | State Board
of Elections to the county clerk, or printed on | ||||||
12 | the primary ballot. If
petitions for nomination have been | ||||||
13 | filed for the same person with
respect to more than one | ||||||
14 | political party, his name shall not be
certified nor | ||||||
15 | printed on the primary ballot of any party. If petitions
| ||||||
16 | for nomination have been filed for the same person for 2 or | ||||||
17 | more offices
which are incompatible so that the same person | ||||||
18 | could not serve in more
than one of such offices if | ||||||
19 | elected, that person must withdraw as a
candidate for all | ||||||
20 | but one of such offices within the 5 business days | ||||||
21 | following
the last day for petition filing. If he fails to | ||||||
22 | withdraw as a candidate for
all but one of such offices | ||||||
23 | within such time, his name shall not be
certified, nor | ||||||
24 | printed on the primary ballot, for any office. For the
| ||||||
25 | purpose of the foregoing provisions, an office in a | ||||||
26 | political party is
not incompatible with any other office.
|
| |||||||
| |||||||
1 | (4) If multiple sets of nomination papers are filed for | ||||||
2 | a candidate to
the same office, the State Board of | ||||||
3 | Elections shall within 2 business days
notify the candidate | ||||||
4 | of his or her multiple petition filings and that the
| ||||||
5 | candidate has 3 business days after receipt of the notice | ||||||
6 | to notify the
State Board of Elections that he or she may | ||||||
7 | cancel prior sets of petitions.
If the candidate notifies | ||||||
8 | the State Board of Elections the last set of
petitions | ||||||
9 | filed shall be the only petitions to be considered valid by | ||||||
10 | the State
Board of Elections. If the candidate fails to | ||||||
11 | notify the State Board then
only the first set of petitions | ||||||
12 | filed shall be valid and all subsequent
petitions shall be | ||||||
13 | void.
| ||||||
14 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
15 | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||||||
16 | Sec. 9-1.8. Political committees. | ||||||
17 | (a) "Political committee" includes a candidate political | ||||||
18 | committee, a political party committee, a political action | ||||||
19 | committee, a ballot initiative committee, and an independent | ||||||
20 | expenditure committee. | ||||||
21 | (b) "Candidate political committee" means the candidate | ||||||
22 | himself or herself or any natural person, trust, partnership, | ||||||
23 | corporation, or other organization or group of persons | ||||||
24 | designated by the candidate that accepts contributions or makes | ||||||
25 | expenditures during any 12-month period in an aggregate amount |
| |||||||
| |||||||
1 | exceeding $5,000 $3,000 on behalf of the candidate. | ||||||
2 | (c) "Political party committee" means the State central | ||||||
3 | committee of a political party, a county central committee of a | ||||||
4 | political party, a legislative caucus committee, or a committee | ||||||
5 | formed by a ward or township committeeman of a political party. | ||||||
6 | For purposes of this Article, a "legislative caucus committee" | ||||||
7 | means a committee established for the purpose of electing | ||||||
8 | candidates to the General Assembly by the person elected | ||||||
9 | President of the Senate, Minority Leader of the Senate, Speaker | ||||||
10 | of the House of Representatives, Minority Leader of the House | ||||||
11 | of Representatives, or a committee established by 5 or more | ||||||
12 | members of the same caucus of the Senate or 10 or more members | ||||||
13 | of the same caucus of the House of Representatives. | ||||||
14 | (d) "Political action committee" means any natural person, | ||||||
15 | trust, partnership, committee, association, corporation, or | ||||||
16 | other organization or group of persons, other than a candidate, | ||||||
17 | political party, candidate political committee, or political | ||||||
18 | party committee, that accepts contributions or makes | ||||||
19 | expenditures during any 12-month period in an aggregate amount | ||||||
20 | exceeding $5,000 $3,000 on behalf of or in opposition to a | ||||||
21 | candidate or candidates for public office. "Political action | ||||||
22 | committee" includes any natural person, trust, partnership, | ||||||
23 | committee, association, corporation, or other organization or | ||||||
24 | group of persons, other than a candidate, political party, | ||||||
25 | candidate political committee, or political party committee, | ||||||
26 | that makes electioneering communications during any 12-month |
| |||||||
| |||||||
1 | period in an aggregate amount exceeding $5,000 $3,000 related | ||||||
2 | to any candidate or candidates for public office. | ||||||
3 | (e) "Ballot initiative committee" means any natural | ||||||
4 | person, trust, partnership, committee, association, | ||||||
5 | corporation, or other organization or group of persons that | ||||||
6 | accepts contributions or makes expenditures during any | ||||||
7 | 12-month period in an aggregate amount exceeding $5,000 $3,000 | ||||||
8 | in support of or in opposition to any question of public policy | ||||||
9 | to be submitted to the electors. "Ballot initiative committee" | ||||||
10 | includes any natural person, trust, partnership, committee, | ||||||
11 | association, corporation, or other organization or group of | ||||||
12 | persons that makes electioneering communications during any | ||||||
13 | 12-month period in an aggregate amount exceeding $5,000 $3,000 | ||||||
14 | related to any question of public policy to be submitted to the | ||||||
15 | voters. The $5,000 $3,000 threshold applies to any | ||||||
16 | contributions or expenditures received or made with the purpose | ||||||
17 | of securing a place on the ballot for, advocating the defeat or | ||||||
18 | passage of, or engaging in electioneering communication | ||||||
19 | regarding the question of public policy, regardless of the | ||||||
20 | method of initiation of the question of public policy and | ||||||
21 | regardless of whether petitions have been circulated or filed | ||||||
22 | with the appropriate office or whether the question has been | ||||||
23 | adopted and certified by the governing body. | ||||||
24 | (f) "Independent expenditure committee" means any trust, | ||||||
25 | partnership, committee, association, corporation, or other | ||||||
26 | organization or group of persons formed for the exclusive
|
| |||||||
| |||||||
1 | purpose of making independent expenditures during any 12-month | ||||||
2 | period in an aggregate amount exceeding $5,000 $3,000 in | ||||||
3 | support of or in opposition to (i) the nomination for election, | ||||||
4 | election, retention, or defeat of any public official or | ||||||
5 | candidate or (ii) any question of public policy to be submitted | ||||||
6 | to the electors. "Independent expenditure committee" also | ||||||
7 | includes any trust, partnership, committee, association, | ||||||
8 | corporation, or other organization or group of persons that | ||||||
9 | makes electioneering communications that are not made in | ||||||
10 | connection, consultation, or concert with or at the request or | ||||||
11 | suggestion of a public official or candidate, a public | ||||||
12 | official's or candidate's designated political committee or | ||||||
13 | campaign, or an agent or agents of the public official, | ||||||
14 | candidate, or political committee or campaign during any | ||||||
15 | 12-month period in an aggregate amount exceeding $5,000 $3,000 | ||||||
16 | related to (i) the nomination for election, election, | ||||||
17 | retention, or defeat of any public official or candidate or | ||||||
18 | (ii) any question of public policy to be submitted to the | ||||||
19 | voters.
| ||||||
20 | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| ||||||
21 | (10 ILCS 5/9-8.5) | ||||||
22 | Sec. 9-8.5. Limitations on campaign contributions. | ||||||
23 | (a) It is unlawful for a political committee to accept | ||||||
24 | contributions except as provided in this Section. | ||||||
25 | (b) During an election cycle, a candidate political |
| |||||||
| |||||||
1 | committee may not accept contributions with an aggregate value | ||||||
2 | over the following: (i) $5,000 from any individual, (ii) | ||||||
3 | $10,000 from any corporation, labor organization, or | ||||||
4 | association, or (iii) $50,000 from a candidate political | ||||||
5 | committee or political action committee. A candidate political | ||||||
6 | committee may accept contributions in any amount from a | ||||||
7 | political party committee except during an election cycle in | ||||||
8 | which the candidate seeks nomination at a primary election. | ||||||
9 | During an election cycle in which the candidate seeks | ||||||
10 | nomination at a primary election, a candidate political | ||||||
11 | committee may not accept contributions from political party | ||||||
12 | committees with an aggregate value over the following: (i) | ||||||
13 | $200,000 for a candidate political committee established to | ||||||
14 | support a candidate seeking nomination to statewide office, | ||||||
15 | (ii) $125,000 for a candidate political committee established | ||||||
16 | to support a candidate seeking nomination to the Senate, the | ||||||
17 | Supreme Court or Appellate Court in the First Judicial | ||||||
18 | District, or an office elected by all voters in a county with | ||||||
19 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
20 | political committee established to support a candidate seeking | ||||||
21 | nomination to the House of Representatives, the Supreme Court | ||||||
22 | or Appellate Court for a Judicial District other than the First | ||||||
23 | Judicial District, an office elected by all voters of a county | ||||||
24 | of fewer than 1,000,000 residents, and municipal and county | ||||||
25 | offices in Cook County other than those elected by all voters | ||||||
26 | of Cook County, and (iv) $50,000 for a candidate political |
| |||||||
| |||||||
1 | committee established to support the nomination of a candidate | ||||||
2 | to any other office.
A candidate political committee | ||||||
3 | established to elect a candidate to the General Assembly may | ||||||
4 | accept contributions from only one legislative caucus | ||||||
5 | committee. A candidate political committee may not accept | ||||||
6 | contributions from a ballot initiative committee or from an
| ||||||
7 | independent expenditure committee. | ||||||
8 | (c) During an election cycle, a political party committee | ||||||
9 | may not accept contributions with an aggregate value over the | ||||||
10 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
11 | any corporation, labor organization, or association, or (iii) | ||||||
12 | $50,000 from a political action committee. A political party | ||||||
13 | committee may accept contributions in any amount from another | ||||||
14 | political party committee or a candidate political committee, | ||||||
15 | except as provided in subsection (c-5). Nothing in this Section | ||||||
16 | shall limit the amounts that may be transferred between a | ||||||
17 | political party committee established under subsection (a) of | ||||||
18 | Section 7-8 of this Code and an affiliated federal political | ||||||
19 | committee established under the Federal Election Code by the | ||||||
20 | same political party. A political party committee may not | ||||||
21 | accept contributions from a ballot initiative committee or from | ||||||
22 | an
independent expenditure committee. A political party | ||||||
23 | committee established by a legislative caucus may not accept | ||||||
24 | contributions from another political party committee | ||||||
25 | established by a legislative caucus. | ||||||
26 | (c-5) During the period beginning on the date candidates |
| |||||||
| |||||||
1 | may begin circulating petitions for a primary election and | ||||||
2 | ending on the day of the primary election, a political party | ||||||
3 | committee may not accept contributions with an aggregate value | ||||||
4 | over $50,000 from a candidate political committee or political | ||||||
5 | party committee. A political party committee may accept | ||||||
6 | contributions in any amount from a candidate political | ||||||
7 | committee or political party committee if the political party | ||||||
8 | committee receiving the contribution filed a statement of | ||||||
9 | nonparticipation in the primary as provided in subsection | ||||||
10 | (c-10). The Task Force on Campaign Finance Reform shall study | ||||||
11 | and make recommendations on the provisions of this subsection | ||||||
12 | to the Governor and General Assembly by September 30, 2012. | ||||||
13 | This subsection becomes inoperative on July 1, 2013 and | ||||||
14 | thereafter no longer applies. | ||||||
15 | (c-10) A political party committee that does not intend to | ||||||
16 | make contributions to candidates to be nominated at a general | ||||||
17 | primary election or consolidated primary election may file a | ||||||
18 | Statement of Nonparticipation in a Primary Election with the | ||||||
19 | Board. The Statement of Nonparticipation shall include a | ||||||
20 | verification signed by the chairperson and treasurer of the | ||||||
21 | committee that (i) the committee will not make contributions or | ||||||
22 | coordinated expenditures in support of or opposition to a | ||||||
23 | candidate or candidates to be nominated at the general primary | ||||||
24 | election or consolidated primary election (select one) to be | ||||||
25 | held on (insert date), (ii) the political party committee may | ||||||
26 | accept unlimited contributions from candidate political |
| |||||||
| |||||||
1 | committees and political party committees, provided that the | ||||||
2 | political party committee does not make contributions to a | ||||||
3 | candidate or candidates to be nominated at the primary | ||||||
4 | election, and (iii) failure to abide by these requirements | ||||||
5 | shall deem the political party committee in violation of this | ||||||
6 | Article and subject the committee to a fine of no more than | ||||||
7 | 150% of the total contributions or coordinated expenditures | ||||||
8 | made by the committee in violation of this Article. This | ||||||
9 | subsection becomes inoperative on July 1, 2013 and thereafter | ||||||
10 | no longer applies. | ||||||
11 | (d) During an election cycle, a political action committee | ||||||
12 | may not accept contributions with an aggregate value over the | ||||||
13 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
14 | any corporation, labor organization, political party | ||||||
15 | committee, or association, or (iii) $50,000 from a political | ||||||
16 | action committee or candidate political committee. A political | ||||||
17 | action committee may not accept contributions from a ballot | ||||||
18 | initiative committee or from an
independent expenditure | ||||||
19 | committee. | ||||||
20 | (e) A ballot initiative committee may accept contributions | ||||||
21 | in any amount from any source, provided that the committee | ||||||
22 | files the document required by Section 9-3 of this Article and | ||||||
23 | files the disclosure reports required by the provisions of this | ||||||
24 | Article. | ||||||
25 | (e-5) An independent expenditure committee may accept | ||||||
26 | contributions in any amount from any source, provided that the |
| |||||||
| |||||||
1 | committee files the document required by Section 9-3 of this | ||||||
2 | Article and files the disclosure reports required by the | ||||||
3 | provisions of this Article. | ||||||
4 | (f) Nothing in this Section shall prohibit a political | ||||||
5 | committee from dividing the proceeds of joint fundraising | ||||||
6 | efforts; provided that no political committee may receive more | ||||||
7 | than the limit from any one contributor, and provided that an | ||||||
8 | independent
expenditure committee may not conduct joint | ||||||
9 | fundraising efforts with a
candidate political committee or a | ||||||
10 | political party committee. | ||||||
11 | (g) On January 1 of each odd-numbered year, the State Board | ||||||
12 | of Elections shall adjust the amounts of the contribution | ||||||
13 | limitations established in this Section for inflation as | ||||||
14 | determined by the Consumer Price Index for All Urban Consumers | ||||||
15 | as issued by the United States Department of Labor and rounded | ||||||
16 | to the nearest $100. The State Board shall publish this | ||||||
17 | information on its official website. | ||||||
18 | (h) Self-funding candidates. If a public official, a | ||||||
19 | candidate, or the public official's or candidate's immediate | ||||||
20 | family contributes or loans to the public official's or | ||||||
21 | candidate's political committee or to other political | ||||||
22 | committees that transfer funds to the public official's or | ||||||
23 | candidate's political committee or makes independent | ||||||
24 | expenditures for the benefit of the public official's or | ||||||
25 | candidate's campaign during the 12 months prior to an election | ||||||
26 | in an aggregate amount of more than (i) $250,000 for statewide |
| |||||||
| |||||||
1 | office or (ii) $100,000 for all other elective offices, then | ||||||
2 | the public official or candidate shall file with the State | ||||||
3 | Board of Elections, within one day, a Notification of | ||||||
4 | Self-funding that shall detail each contribution or loan made | ||||||
5 | by the public official, the candidate, or the public official's | ||||||
6 | or candidate's immediate family. Within 2 business days after | ||||||
7 | the filing of a Notification of Self-funding, the notification | ||||||
8 | shall be posted on the Board's website and the Board shall give | ||||||
9 | official notice of the filing to each candidate for the same | ||||||
10 | office as the public official or candidate making the filing, | ||||||
11 | including the public official or candidate filing the | ||||||
12 | Notification of Self-funding. Notice shall be sent via first | ||||||
13 | class mail to the candidate and the treasurer of the | ||||||
14 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
15 | the candidate and the treasurer of the candidate's committee if | ||||||
16 | the candidate and the treasurer, as applicable, have provided | ||||||
17 | the Board with an e-mail address. Upon posting of the receiving | ||||||
18 | notice on from the Board's website Board , all candidates for | ||||||
19 | that office, including the public official or candidate who | ||||||
20 | filed a Notification of Self-funding, shall be permitted to | ||||||
21 | accept contributions in excess of any contribution limits | ||||||
22 | imposed by subsection (b). If a public official or candidate | ||||||
23 | filed a Notification of Self-funding during an election cycle | ||||||
24 | that includes a general primary election or consolidated | ||||||
25 | primary election and that public official or candidate is | ||||||
26 | nominated, all candidates for that office, including the |
| |||||||
| |||||||
1 | nominee who filed the notification of self-funding, shall be | ||||||
2 | permitted to accept contributions in excess of any contribution | ||||||
3 | limit imposed by subsection (b) for the subsequent election | ||||||
4 | cycle. For the purposes of this subsection, "immediate family" | ||||||
5 | means the spouse, parent, or child of a public official or | ||||||
6 | candidate. | ||||||
7 | (h-5) If a natural person or independent expenditure | ||||||
8 | committee makes independent expenditures in support of or in | ||||||
9 | opposition to the campaign of a particular public official or | ||||||
10 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
11 | statewide office or (ii) $100,000 for all other elective | ||||||
12 | offices in an election cycle, as reported in a written | ||||||
13 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
14 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
15 | Elections shall, within 2 business days after the filing of the | ||||||
16 | disclosure, post the disclosure on the Board's website and give | ||||||
17 | official notice of the disclosure to each candidate for the | ||||||
18 | same office as the public official or candidate for whose | ||||||
19 | benefit or detriment the natural person or independent | ||||||
20 | expenditure committee made independent expenditures. Upon | ||||||
21 | posting of the receiving notice on from the Board's website | ||||||
22 | Board , all candidates for that office in that election, | ||||||
23 | including the public official or candidate for whose benefit or | ||||||
24 | detriment the natural person or independent expenditure | ||||||
25 | committee made independent expenditures, shall be permitted to | ||||||
26 | accept contributions in excess of any contribution limits |
| |||||||
| |||||||
1 | imposed by subsection (b). | ||||||
2 | (h-10) If the State Board of Elections receives | ||||||
3 | notification or determines that a natural person or persons, an | ||||||
4 | independent expenditure committee or committees, or | ||||||
5 | combination thereof has made independent expenditures in | ||||||
6 | support of or in opposition to the campaign of a particular | ||||||
7 | public official or candidate in an aggregate amount of more | ||||||
8 | than (i) $250,000 for statewide office or (ii) $100,000 for all | ||||||
9 | other elective offices in an election cycle, then the Board | ||||||
10 | shall, within 2 business days after discovering the independent | ||||||
11 | expenditures that, in the aggregate, exceed the threshold set | ||||||
12 | forth in (i) and (ii) of this subsection, post notice of this | ||||||
13 | fact on the Board's website and give official notice to each | ||||||
14 | candidate for the same office as the public official or | ||||||
15 | candidate for whose benefit or detriment the independent | ||||||
16 | expenditures were made. Notice shall be sent via first class | ||||||
17 | mail to the candidate and the treasurer of the candidate's | ||||||
18 | committee. Notice shall also be sent by e-mail to the candidate | ||||||
19 | and the treasurer of the candidate's committee if the candidate | ||||||
20 | and the treasurer, as applicable, have provided the Board with | ||||||
21 | an e-mail address. Upon posting of the notice on the Board's | ||||||
22 | website, all candidates of that office in that election, | ||||||
23 | including the public official or candidate for whose benefit or | ||||||
24 | detriment the independent expenditures were made, may accept | ||||||
25 | contributions in excess of any contribution limits imposed by | ||||||
26 | subsection (b). The Campaign Finance Task Force shall submit a |
| |||||||
| |||||||
1 | report to the Governor and General Assembly no later than | ||||||
2 | February 1, 2013. The report shall examine and make | ||||||
3 | recommendations regarding the provisions in this subsection | ||||||
4 | including, but not limited to, case law concerning independent | ||||||
5 | expenditures, the manner in which independent expenditures are | ||||||
6 | handled in the other states and at the federal level, | ||||||
7 | independent expenditures made in Illinois during the 2012 | ||||||
8 | general primary and, separately, the 2012 general election, and | ||||||
9 | independent expenditures made at the federal level during the | ||||||
10 | 2012 general election. The Task Force shall conduct at least 2 | ||||||
11 | public hearings regarding independent expenditures. | ||||||
12 | (i) For the purposes of this Section, a corporation, labor | ||||||
13 | organization, association, or a political action committee | ||||||
14 | established by a corporation, labor organization, or | ||||||
15 | association may act as a conduit in facilitating the delivery | ||||||
16 | to a political action committee of contributions made through | ||||||
17 | dues, levies, or similar assessments and the political action | ||||||
18 | committee may report the contributions in the aggregate, | ||||||
19 | provided that: (i) contributions made through dues, levies, or | ||||||
20 | similar assessments paid by any natural person, corporation, | ||||||
21 | labor organization, or association in a calendar year may not | ||||||
22 | exceed the limits set forth in this Section; (ii) the | ||||||
23 | corporation, labor organization, association, or a political | ||||||
24 | action committee established by a corporation, labor | ||||||
25 | organization, or association facilitating the delivery of | ||||||
26 | contributions maintains a list of natural persons, |
| |||||||
| |||||||
1 | corporations, labor organizations, and associations that paid | ||||||
2 | the dues, levies, or similar assessments from which the | ||||||
3 | contributions comprising the aggregate amount derive; and | ||||||
4 | (iii) contributions made through dues, levies, or similar | ||||||
5 | assessments paid by any natural person, corporation, labor | ||||||
6 | organization, or association that exceed $500 in a quarterly | ||||||
7 | reporting period shall be itemized on the committee's quarterly | ||||||
8 | report and may not be reported in the aggregate. A political | ||||||
9 | action committee facilitating the delivery of contributions or | ||||||
10 | receiving contributions shall disclose the amount of | ||||||
11 | contributions made through dues delivered or received and the | ||||||
12 | name of the corporation, labor organization, association, or | ||||||
13 | political action committee delivering the contributions, if | ||||||
14 | applicable. On January 1 of each odd-numbered year, the State | ||||||
15 | Board of Elections shall adjust the amounts of the contribution | ||||||
16 | limitations established in this subsection for inflation as | ||||||
17 | determined by the Consumer Price Index for All Urban Consumers | ||||||
18 | as issued by the United States Department of Labor and rounded | ||||||
19 | to the nearest $100. The State Board shall publish this | ||||||
20 | information on its official website. | ||||||
21 | (j) A political committee that receives a contribution or | ||||||
22 | transfer in violation of this Section shall dispose of the | ||||||
23 | contribution or transfer by returning the contribution or | ||||||
24 | transfer, or an amount equal to the contribution or transfer, | ||||||
25 | to the contributor or transferor or donating the contribution | ||||||
26 | or transfer, or an amount equal to the contribution or |
| |||||||
| |||||||
1 | transfer, to a charity. A contribution or transfer received in | ||||||
2 | violation of this Section that is not disposed of as provided | ||||||
3 | in this subsection within 30 days after the Board sends | ||||||
4 | notification to the political committee of the excess | ||||||
5 | contribution by certified mail shall escheat to the General | ||||||
6 | Revenue Fund and the political committee shall be deemed in | ||||||
7 | violation of this Section and subject to a civil penalty not to | ||||||
8 | exceed 150% of the total amount of the contribution. | ||||||
9 | (k) For the purposes of this Section, "statewide office" | ||||||
10 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
11 | Secretary of State, Comptroller, and Treasurer. | ||||||
12 | (l) This Section is repealed if and when the United States | ||||||
13 | Supreme Court invalidates contribution limits on committees | ||||||
14 | formed to assist candidates, political parties, corporations, | ||||||
15 | associations, or labor organizations established by or | ||||||
16 | pursuant to federal law.
| ||||||
17 | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| ||||||
18 | (10 ILCS 5/9-9.5)
| ||||||
19 | Sec. 9-9.5. Disclosures in political communications. | ||||||
20 | (a)
Any political committee, organized under the Election | ||||||
21 | Code, that
makes an expenditure for a pamphlet, circular, | ||||||
22 | handbill, Internet or telephone communication, radio, | ||||||
23 | television,
or print advertisement,
or other communication | ||||||
24 | directed at voters and
mentioning the name of a candidate in | ||||||
25 | the next upcoming election shall ensure
that the name of the |
| |||||||
| |||||||
1 | political committee paying for any part of the
communication, | ||||||
2 | including, but not limited to, its preparation and | ||||||
3 | distribution,
is
identified clearly within the communication | ||||||
4 | as the payor. This subsection does
not apply to items that are | ||||||
5 | too small to contain the required disclosure.
This subsection | ||||||
6 | does not apply to an expenditure for the preparation or | ||||||
7 | distribution of any printed communication directed at | ||||||
8 | constituents of a member of the General Assembly if the | ||||||
9 | expenditure is made by a political committee in accordance with | ||||||
10 | subsection (c) of Section 9-8.10. Nothing in this subsection | ||||||
11 | shall require disclosure on any telephone communication using | ||||||
12 | random sampling or other scientific survey methods to gauge | ||||||
13 | public opinion for or against any candidate or question of | ||||||
14 | public policy.
| ||||||
15 | Whenever any vendor or other person provides any of the | ||||||
16 | services listed in this subsection, other than any telephone | ||||||
17 | communication using random sampling or other scientific survey | ||||||
18 | methods to gauge public opinion for or against any candidate or | ||||||
19 | question of public policy, the vendor or person shall keep and | ||||||
20 | maintain records showing the name and address of the person who | ||||||
21 | purchased or requested the services and the amount paid for the | ||||||
22 | services. The records required by this subsection shall be kept | ||||||
23 | for a period of one year after the date upon which payment was | ||||||
24 | received for the services.
| ||||||
25 | (b) Any political committee, organized under this Code,
| ||||||
26 | that makes an expenditure for a pamphlet, circular, handbill,
|
| |||||||
| |||||||
1 | Internet or telephone communication, radio, television, or
| ||||||
2 | print advertisement, or other communication directed at voters
| ||||||
3 | and (i) mentioning the name of a candidate in the next upcoming
| ||||||
4 | election, without that candidate's permission, or
(ii)
| ||||||
5 | advocating for or against a public policy position shall ensure
| ||||||
6 | that the name of the political committee paying for any part of
| ||||||
7 | the communication, including, but not limited to, its
| ||||||
8 | preparation and distribution, is identified clearly within the
| ||||||
9 | communication. Nothing in this subsection shall require | ||||||
10 | disclosure on
any telephone communication using random | ||||||
11 | sampling or other
scientific survey methods to gauge public | ||||||
12 | opinion for or
against any candidate or question of public | ||||||
13 | policy. | ||||||
14 | (c) A political committee organized under this Code shall
| ||||||
15 | not make an expenditure for any unsolicited telephone call to
| ||||||
16 | the line of a residential telephone customer in this State
| ||||||
17 | using any method to block or otherwise circumvent that
| ||||||
18 | customer's use of a caller identification service.
| ||||||
19 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
20 | 95-699, eff. 11-9-07.)
| ||||||
21 | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| ||||||
22 | Sec. 10-6.2.
The State Board of Elections, the election | ||||||
23 | authority or
the local election official with whom petitions | ||||||
24 | for nomination are filed
pursuant to this Article 10 shall | ||||||
25 | specify the place where filings shall
be made and upon receipt |
| |||||||
| |||||||
1 | shall endorse thereon the day and the hour at
which each | ||||||
2 | petition was filed. Except as provided by Article 9 of The
| ||||||
3 | School Code, all petitions filed by persons waiting
in line as | ||||||
4 | of 8:00 a.m. on the first day for filing, or as of the normal
| ||||||
5 | opening hour of the office involved on such day, shall be | ||||||
6 | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | ||||||
7 | case may be.
Petitions filed by mail and received after | ||||||
8 | midnight of the first day for
filing and in the first mail | ||||||
9 | delivery or pickup of that day shall be
deemed filed as of 8:00 | ||||||
10 | a.m. of that day or as of the normal opening
hour of such day, | ||||||
11 | as the case may be. All petitions received thereafter
shall be | ||||||
12 | deemed filed in the order of actual receipt. However, 2 or more | ||||||
13 | petitions filed within the last hour of the filing deadline | ||||||
14 | shall be deemed filed simultaneously. Where 2 or more
petitions | ||||||
15 | are received simultaneously, the State Board of Elections, the
| ||||||
16 | election authority or the local election official with whom | ||||||
17 | such
petitions are filed shall break ties and determine the | ||||||
18 | order of filing
by means of a lottery or other fair and | ||||||
19 | impartial method of random
selection approved by the State | ||||||
20 | Board of Elections. Such lottery shall
be conducted within 9 | ||||||
21 | days following the last day for petition filing and shall
be | ||||||
22 | open to the public. Seven days written notice of the time and | ||||||
23 | place of
conducting such random selection shall be given, by | ||||||
24 | the State Board of
Elections, the election authority, or local | ||||||
25 | election official, to the Chairman
of each political party, and | ||||||
26 | to each organization of citizens within the
election |
| |||||||
| |||||||
1 | jurisdiction which was entitled, under this Code, at the next
| ||||||
2 | preceding election, to have pollwatchers present on the day of | ||||||
3 | election. The
State Board of Elections, the election authority | ||||||
4 | or local election official
shall post in a conspicuous, open | ||||||
5 | and public place, at the entrance of the
office, notice of the | ||||||
6 | time and place of such lottery. The State Board of
Elections | ||||||
7 | shall adopt rules and regulations governing the procedures for
| ||||||
8 | the conduct of such lottery. All candidates shall be
certified | ||||||
9 | in the order in which their petitions have been filed and in | ||||||
10 | the
manner prescribed by Section 10-14 and 10-15 of this | ||||||
11 | Article. Where
candidates have filed simultaneously, they | ||||||
12 | shall be certified in the order
determined by lot and prior to | ||||||
13 | candidates who filed for the same office or
offices at a later | ||||||
14 | time. Certificates of nomination filed within the
period | ||||||
15 | prescribed in Section 10-6(2) for candidates nominated by | ||||||
16 | caucus for
township or municipal offices shall be subject to | ||||||
17 | the ballot placement
lottery for established political parties | ||||||
18 | prescribed in Section 7-60 of
this Code.
| ||||||
19 | If multiple sets of nomination papers are filed for a | ||||||
20 | candidate to
the same office, the State Board of Elections, | ||||||
21 | appropriate election
authority or local election official | ||||||
22 | where the petitions are filed shall
within 2 business days | ||||||
23 | notify the candidate of his or her multiple petition
filings | ||||||
24 | and that the candidate has 3 business days after receipt of the | ||||||
25 | notice
to notify the State Board of Elections, appropriate | ||||||
26 | election authority or local
election official that he or she |
| |||||||
| |||||||
1 | may cancel prior sets of petitions. If the
candidate notifies | ||||||
2 | the State Board of Elections, appropriate election authority
or | ||||||
3 | local election official, the last set of petitions filed shall | ||||||
4 | be the only
petitions to be considered valid by the State Board | ||||||
5 | of Elections, election
authority or local election official. If | ||||||
6 | the candidate fails to notify the
State Board of Elections, | ||||||
7 | appropriate election authority or local election
official then | ||||||
8 | only the first set of petitions filed shall be valid and all
| ||||||
9 | subsequent petitions shall be void.
| ||||||
10 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
11 | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||||||
12 | Sec. 10-7.
Any person whose name has been presented as a | ||||||
13 | candidate
may cause his name to be withdrawn from any such | ||||||
14 | nomination by his
request in writing, signed by him and duly | ||||||
15 | acknowledged before an
officer qualified to take | ||||||
16 | acknowledgment of deeds, and presented to the
principal office | ||||||
17 | or permanent branch office of the Board, the election
| ||||||
18 | authority, or the local election official, as the case may be, | ||||||
19 | not later
than the date for certification of candidates for the | ||||||
20 | ballot. No name so
withdrawn shall be printed upon the ballots | ||||||
21 | under the party appellation or
title from which the candidate | ||||||
22 | has withdrawn his name. If such a request for withdrawal is | ||||||
23 | received after the date for certification of the candidates for | ||||||
24 | the ballot, then the votes cast for the withdrawn candidate are | ||||||
25 | invalid and shall not be reported by the election authority. If |
| |||||||
| |||||||
1 | the name of the
same person has been presented as a candidate | ||||||
2 | for 2 or more offices which
are incompatible so that the same | ||||||
3 | person could not serve in more than one
of such offices if | ||||||
4 | elected, that person must withdraw as a candidate for
all but | ||||||
5 | one of such offices within the 5 business days following the | ||||||
6 | last
day for petition filing. If he fails to withdraw as a | ||||||
7 | candidate for all
but one of such offices within such time, his | ||||||
8 | name shall not be certified,
nor printed on the ballot, for any | ||||||
9 | office. However, nothing in this section
shall be construed as | ||||||
10 | precluding a judge who is seeking retention in office
from also | ||||||
11 | being a candidate for another judicial office. Except as
| ||||||
12 | otherwise herein provided, in case the certificate of | ||||||
13 | nomination or
petition as provided for in this Article shall | ||||||
14 | contain or exhibit the name
of any candidate for any office | ||||||
15 | upon more than one of said certificates or
petitions (for the | ||||||
16 | same office), then and in that case the Board or
election | ||||||
17 | authority or local election official, as the case may be, shall
| ||||||
18 | immediately notify said candidate of said fact and that his | ||||||
19 | name appears
unlawfully upon more than one of said certificates | ||||||
20 | or petitions and that
within 3 days from the receipt of said | ||||||
21 | notification, said candidate must
elect as to which of said | ||||||
22 | political party appellations or groups he desires
his name to | ||||||
23 | appear and remain under upon said ballot, and if said candidate
| ||||||
24 | refuses, fails or neglects to make such election, then and in | ||||||
25 | that case the
Board or election authority or local election | ||||||
26 | official, as the case may be,
shall permit the name of said |
| |||||||
| |||||||
1 | candidate to appear or be printed or placed
upon said ballot | ||||||
2 | only under the political party appellation or group
appearing | ||||||
3 | on the certificate of nomination or petition, as the case may | ||||||
4 | be,
first filed, and shall strike or cause to be stricken the | ||||||
5 | name of said
candidate from all certificates of nomination and | ||||||
6 | petitions
filed after the first such certificate of nomination | ||||||
7 | or petition.
| ||||||
8 | Whenever the name of a candidate for an office is withdrawn | ||||||
9 | from a new
political party petition, it shall constitute a | ||||||
10 | vacancy in nomination for
that office which may be filled in | ||||||
11 | accordance with Section 10-11 of this
Article; provided, that | ||||||
12 | if the names of all candidates for all offices on
a new | ||||||
13 | political party petition are withdrawn or such petition is | ||||||
14 | declared
invalid by an electoral board or upon judicial review, | ||||||
15 | no vacancies in
nomination for those offices shall exist and | ||||||
16 | the filing of any notice or
resolution purporting to fill | ||||||
17 | vacancies in nomination shall have no legal effect.
| ||||||
18 | Whenever the name of an independent candidate for an office | ||||||
19 | is withdrawn
or an independent candidate's petition is declared | ||||||
20 | invalid by an electoral
board or upon judicial review, no | ||||||
21 | vacancy in nomination for that office
shall exist and the | ||||||
22 | filing of any notice or resolution purporting to fill
a vacancy | ||||||
23 | in nomination shall have no legal effect.
| ||||||
24 | All certificates of nomination and nomination papers when | ||||||
25 | presented or
filed shall be open, under proper regulation, to | ||||||
26 | public inspection, and the
State Board of Elections and the |
| |||||||
| |||||||
1 | several election authorities and local
election officials | ||||||
2 | having charge of nomination papers shall preserve the
same in | ||||||
3 | their respective offices not less than 6 months.
| ||||||
4 | (Source: P.A. 86-875.)
| ||||||
5 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||||||
6 | Sec. 10-9. The following electoral boards are designated | ||||||
7 | for the
purpose of hearing and passing upon the objector's | ||||||
8 | petition described in
Section 10-8.
| ||||||
9 | 1. The State Board of Elections will hear and pass upon | ||||||
10 | objections
to the nominations of candidates for State | ||||||
11 | offices,
nominations of candidates for congressional, | ||||||
12 | legislative and judicial
offices of districts, | ||||||
13 | subcircuits, or circuits situated in more than one county, | ||||||
14 | nominations
of candidates for the offices of State's | ||||||
15 | attorney or regional superintendent
of schools to be | ||||||
16 | elected from more than one county, and petitions for
| ||||||
17 | proposed amendments to the Constitution of the State of | ||||||
18 | Illinois as
provided for in Section 3 of Article XIV of the | ||||||
19 | Constitution.
| ||||||
20 | 2. The county officers electoral board to hear and pass | ||||||
21 | upon
objections to the nominations of candidates for county | ||||||
22 | offices,
for congressional, legislative and judicial | ||||||
23 | offices of a district, subcircuit, or
circuit coterminous | ||||||
24 | with or less than a county, for any school district offices | ||||||
25 | trustees to be
voted for by the electors of the county or |
| |||||||
| |||||||
1 | by the electors of a township of
the county , for the office | ||||||
2 | of multi-township assessor where candidates for
such | ||||||
3 | office are nominated in accordance with this Code, and for | ||||||
4 | all special
district offices, shall be composed of the | ||||||
5 | county clerk, or an assistant
designated by the county | ||||||
6 | clerk, the State's attorney of the county or
an Assistant | ||||||
7 | State's Attorney designated by the State's Attorney, and | ||||||
8 | the
clerk of the circuit court, or an assistant designated | ||||||
9 | by the clerk of
the circuit court, of the county, of whom | ||||||
10 | the county clerk or his designee
shall be the chairman, | ||||||
11 | except that in any county which has established a
county | ||||||
12 | board of election commissioners that board
shall | ||||||
13 | constitute the county officers electoral board ex-officio. | ||||||
14 | If a school district is located in 2 or more counties, the | ||||||
15 | county officers electoral board of the county in which the | ||||||
16 | principal office of the school district is located shall | ||||||
17 | hear and pass upon objections to nominations of candidates | ||||||
18 | for school district office in that school district.
| ||||||
19 | 3. The municipal officers electoral board to hear and | ||||||
20 | pass upon
objections to the nominations of candidates for | ||||||
21 | officers of
municipalities shall be composed of the mayor | ||||||
22 | or president of the board
of trustees of the city, village | ||||||
23 | or incorporated town, and the city,
village or incorporated | ||||||
24 | town clerk, and one member of the city council
or board of | ||||||
25 | trustees, that member being designated who is eligible to
| ||||||
26 | serve on the electoral board and has served the
greatest |
| |||||||
| |||||||
1 | number of years as a member of the city council or board of
| ||||||
2 | trustees, of whom the mayor or president of the board of | ||||||
3 | trustees shall
be the chairman.
| ||||||
4 | 4. The township officers electoral board to pass upon | ||||||
5 | objections to
the nominations of township officers shall be | ||||||
6 | composed of the township
supervisor, the town clerk, and | ||||||
7 | that eligible town trustee elected in the
township who has | ||||||
8 | had the longest term of continuous service as town
trustee, | ||||||
9 | of whom the township supervisor shall be the chairman.
| ||||||
10 | 5. The education officers electoral board to hear and | ||||||
11 | pass upon
objections to the nominations of candidates for | ||||||
12 | offices in school or
community college districts shall be | ||||||
13 | composed of the presiding officer of
the school or | ||||||
14 | community college district board, who shall be the | ||||||
15 | chairman,
the secretary of the school or community college | ||||||
16 | district board and the
eligible elected school or community | ||||||
17 | college board member who has the
longest term of continuous | ||||||
18 | service as a board member.
| ||||||
19 | 6. In all cases, however, where the Congressional, | ||||||
20 | Legislative, or Representative
district is wholly or | ||||||
21 | partially within the jurisdiction of a single municipal | ||||||
22 | board of election
commissioners in Cook County and in all | ||||||
23 | cases where the school district or special
district is | ||||||
24 | wholly within the jurisdiction of a municipal board of
| ||||||
25 | election commissioners and in all cases where the | ||||||
26 | municipality or
township is wholly or partially within the |
| |||||||
| |||||||
1 | jurisdiction of a municipal
board of election | ||||||
2 | commissioners, the board of election commissioners
shall | ||||||
3 | ex-officio constitute the electoral board.
| ||||||
4 | For special districts situated in more than one county, the | ||||||
5 | county officers
electoral board of the county in which the | ||||||
6 | principal office of the district
is located has jurisdiction to | ||||||
7 | hear and pass upon objections. For purposes
of this Section, | ||||||
8 | "special districts" means all political subdivisions other
| ||||||
9 | than counties, municipalities, townships and school and | ||||||
10 | community college
districts.
| ||||||
11 | In the event that any member of the appropriate board is a | ||||||
12 | candidate
for the office with relation to which the objector's | ||||||
13 | petition is filed,
he shall not be eligible to serve on that | ||||||
14 | board and shall not act as
a member of the board and his place | ||||||
15 | shall be filled as follows:
| ||||||
16 | a. In the county officers electoral board by the county
| ||||||
17 | treasurer, and if he or she is ineligible to serve, by the | ||||||
18 | sheriff of the
county.
| ||||||
19 | b. In the municipal officers electoral board by the | ||||||
20 | eligible
elected city council or board of trustees member | ||||||
21 | who has served the second
greatest number of years as a | ||||||
22 | city council or board of trustees member.
| ||||||
23 | c. In the township officers electoral board by the | ||||||
24 | eligible
elected town trustee who has had the second | ||||||
25 | longest term of continuous service
as a town trustee.
| ||||||
26 | d. In the education officers electoral board by the |
| |||||||
| |||||||
1 | eligible
elected school or community college district | ||||||
2 | board member who has had the
second longest term of | ||||||
3 | continuous service as a board member.
| ||||||
4 | In the event that the chairman of the electoral board is | ||||||
5 | ineligible
to act because of the fact that he or she is a | ||||||
6 | candidate for the office with
relation to which the objector's | ||||||
7 | petition is filed, then the substitute
chosen under the | ||||||
8 | provisions of this Section shall be the chairman; In
this case, | ||||||
9 | the officer or board with whom the objector's petition is
| ||||||
10 | filed, shall transmit the certificate of nomination or | ||||||
11 | nomination papers
as the case may be, and the objector's | ||||||
12 | petition to the substitute
chairman of the electoral board.
| ||||||
13 | When 2 or more eligible individuals, by reason of their | ||||||
14 | terms of service
on a city council or board of trustees, | ||||||
15 | township board of
trustees, or school or community college | ||||||
16 | district board, qualify to serve
on an electoral board, the one | ||||||
17 | to serve shall be chosen by lot.
| ||||||
18 | Any vacancies on an electoral board not otherwise filled | ||||||
19 | pursuant to this
Section shall be filled by public members | ||||||
20 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
21 | county wherein the electoral board hearing is
being held upon | ||||||
22 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
23 | Judge shall be so notified by a member of the electoral
board | ||||||
24 | or the officer or board with whom the objector's petition was | ||||||
25 | filed.
In the event that none of the individuals designated by | ||||||
26 | this Section to
serve on the electoral board are eligible, the |
| |||||||
| |||||||
1 | chairman of an electoral
board shall be designated by the Chief | ||||||
2 | Judge.
| ||||||
3 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
4 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||||||
5 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
6 | certificate of
nomination or nomination papers or proposed | ||||||
7 | question of public
policy, as the case may be, and the | ||||||
8 | objector's petition, the chairman
of the electoral board other | ||||||
9 | than the State Board of Elections shall
send a call by | ||||||
10 | registered or certified mail to each of the members of the
| ||||||
11 | electoral board, and to the objector who filed the objector's | ||||||
12 | petition, and
either to the candidate whose certificate of | ||||||
13 | nomination or nomination
papers are objected to or to the | ||||||
14 | principal proponent or attorney for
proponents of a question of | ||||||
15 | public policy, as the case may be, whose
petitions are objected | ||||||
16 | to, and shall also cause the sheriff of the county
or counties | ||||||
17 | in which such officers and persons reside to serve a copy of
| ||||||
18 | such call upon each of such officers and persons, which call | ||||||
19 | shall set out
the fact that the electoral board is required to | ||||||
20 | meet to hear and pass upon
the objections to nominations made | ||||||
21 | for the office, designating it, and
shall state the day, hour | ||||||
22 | and place at which the electoral board shall meet
for the | ||||||
23 | purpose, which place shall be in the
county court house in the | ||||||
24 | county in the case of the County Officers
Electoral Board, the | ||||||
25 | Municipal Officers Electoral Board, the Township
Officers |
| |||||||
| |||||||
1 | Electoral Board or the Education Officers Electoral Board, | ||||||
2 | except that the Municipal Officers Electoral Board, the | ||||||
3 | Township Officers Electoral Board, and the Education Officers | ||||||
4 | Electoral Board may meet at the location where the governing | ||||||
5 | body of the municipality, township, or school or community | ||||||
6 | college district, respectively, holds its regularly scheduled | ||||||
7 | meetings, if that location is available; provided that voter | ||||||
8 | records may be removed from the offices of an election | ||||||
9 | authority only at the discretion and under the supervision of | ||||||
10 | the election authority.
In
those cases where the State Board of | ||||||
11 | Elections is the electoral board
designated under Section 10-9, | ||||||
12 | the chairman of the State Board of Elections
shall, within 24 | ||||||
13 | hours after the receipt of the certificate of nomination
or | ||||||
14 | nomination papers or petitions for a proposed amendment to | ||||||
15 | Article IV of
the Constitution or proposed statewide question | ||||||
16 | of public policy, send a
call by registered or certified mail | ||||||
17 | to the objector who files the
objector's petition, and either | ||||||
18 | to the candidate whose certificate of
nomination or nomination | ||||||
19 | papers are objected to or to the principal
proponent or | ||||||
20 | attorney for proponents of the proposed Constitutional
| ||||||
21 | amendment or statewide question of public policy and shall | ||||||
22 | state the day,
hour and place at which the electoral board | ||||||
23 | shall meet for the purpose,
which place may be in the Capitol | ||||||
24 | Building or in the principal or permanent
branch office of the | ||||||
25 | State Board. The day of the meeting shall not be less
than 3 | ||||||
26 | nor more than 5 days after the receipt of the certificate of
|
| |||||||
| |||||||
1 | nomination or nomination papers and the objector's petition by | ||||||
2 | the chairman
of the electoral board.
| ||||||
3 | The electoral board shall have the power to administer | ||||||
4 | oaths and to
subpoena and examine witnesses and at the request | ||||||
5 | of either party the
chairman may issue subpoenas requiring the | ||||||
6 | attendance of witnesses and
subpoenas duces tecum requiring the | ||||||
7 | production of such books, papers,
records and documents as may | ||||||
8 | be evidence of any matter under inquiry
before the electoral | ||||||
9 | board, in the same manner as witnesses are
subpoenaed in the | ||||||
10 | Circuit Court.
| ||||||
11 | Service of such subpoenas shall be made by any sheriff or | ||||||
12 | other
person in the same manner as in cases in such court and | ||||||
13 | the fees of such
sheriff shall be the same as is provided by | ||||||
14 | law, and shall be paid by
the objector or candidate who causes | ||||||
15 | the issuance of the subpoena. In
case any person so served | ||||||
16 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
17 | to testify, the electoral board shall at once file a
petition | ||||||
18 | in the circuit court of the county in which such hearing is to
| ||||||
19 | be heard, or has been attempted to be heard, setting forth the | ||||||
20 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
21 | petition with a
copy of the citation and the answer, if one has | ||||||
22 | been filed, together
with a copy of the subpoena and the return | ||||||
23 | of service thereon, and shall
apply for an order of court | ||||||
24 | requiring such person to attend and testify,
and forthwith | ||||||
25 | produce books and papers, before the electoral board. Any
| ||||||
26 | circuit court of the state, excluding the judge who is sitting |
| |||||||
| |||||||
1 | on the electoral
board, upon such showing shall order such | ||||||
2 | person to appear and testify,
and to forthwith produce such | ||||||
3 | books and papers, before the electoral board
at a place to be | ||||||
4 | fixed by the court. If such person shall knowingly fail
or | ||||||
5 | refuse to obey such order of the court without lawful excuse, | ||||||
6 | the court
shall punish him or her by fine and imprisonment, as | ||||||
7 | the nature of the case
may require and may be lawful in cases | ||||||
8 | of contempt of court.
| ||||||
9 | The electoral board on the first day of its meeting shall | ||||||
10 | adopt rules
of procedure for the introduction of evidence and | ||||||
11 | the presentation of
arguments and may, in its discretion, | ||||||
12 | provide for the filing of briefs
by the parties to the | ||||||
13 | objection or by other interested persons.
| ||||||
14 | In the event of a State Electoral Board hearing on | ||||||
15 | objections to a
petition for an amendment to Article IV of the | ||||||
16 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
17 | Constitution, or to a
petition for a question of public policy | ||||||
18 | to be submitted to the
voters of the entire State, the | ||||||
19 | certificates of the county clerks and boards
of election | ||||||
20 | commissioners showing the results of the random sample of
| ||||||
21 | signatures on the petition shall be prima facie valid and | ||||||
22 | accurate, and
shall be presumed to establish the number of | ||||||
23 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
24 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
25 | this Code. Either party, however, may introduce
evidence at | ||||||
26 | such hearing to dispute the findings as to particular |
| |||||||
| |||||||
1 | signatures.
In addition to the foregoing, in the absence of | ||||||
2 | competent evidence presented
at such hearing by a party | ||||||
3 | substantially challenging the results of a random
sample, or | ||||||
4 | showing a different result obtained by an additional sample,
| ||||||
5 | this certificate of a county clerk or board of election | ||||||
6 | commissioners shall
be presumed to establish the ratio of valid | ||||||
7 | to invalid signatures within
the particular election | ||||||
8 | jurisdiction.
| ||||||
9 | The electoral board shall take up the question as to | ||||||
10 | whether or not
the certificate of nomination or nomination | ||||||
11 | papers or petitions are in
proper form, and whether or not they | ||||||
12 | were filed within the time and
under the conditions required by | ||||||
13 | law, and whether or not they are the
genuine certificate of | ||||||
14 | nomination or nomination papers or petitions
which they purport | ||||||
15 | to be, and whether or not in the case of the
certificate of | ||||||
16 | nomination in question it represents accurately the
decision of | ||||||
17 | the caucus or convention issuing it, and in general shall
| ||||||
18 | decide whether or not the certificate of nomination or | ||||||
19 | nominating papers
or petitions on file are valid or whether the | ||||||
20 | objections thereto should
be sustained and the decision of a | ||||||
21 | majority of the electoral board shall
be final subject to | ||||||
22 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
23 | board must state its findings in writing and must state in
| ||||||
24 | writing which objections, if any, it has sustained. A copy of | ||||||
25 | the decision shall be served upon the parties to the | ||||||
26 | proceedings in open proceedings before the electoral board. If |
| |||||||
| |||||||
1 | a party does not appear for receipt of the decision, the | ||||||
2 | decision shall be deemed to have been served on the absent | ||||||
3 | party on the date when a copy of the decision is personally | ||||||
4 | delivered or on the date when a copy of the decision is | ||||||
5 | deposited in the Unites States mail, in a sealed envelope or | ||||||
6 | package, with postage prepaid, addressed to each party affected | ||||||
7 | by the decision or to such party's attorney of record, if any, | ||||||
8 | at the address on record for such person in the files of the | ||||||
9 | electoral board.
| ||||||
10 | Upon the expiration of the period within which a proceeding | ||||||
11 | for
judicial review must be commenced under Section 10-10.1, | ||||||
12 | the electoral
board shall, unless a proceeding for judicial | ||||||
13 | review has been commenced
within such period, transmit, by | ||||||
14 | registered or certified mail, a
certified copy of its ruling, | ||||||
15 | together with the original certificate of
nomination or | ||||||
16 | nomination papers or petitions and the original objector's
| ||||||
17 | petition, to the officer or board with whom the certificate of
| ||||||
18 | nomination or nomination papers or petitions, as objected to, | ||||||
19 | were on
file, and such officer or board shall abide by and | ||||||
20 | comply with the
ruling so made to all intents and purposes.
| ||||||
21 | (Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)
| ||||||
22 | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||||||
23 | Sec. 17-23. Pollwatchers in a general election shall be | ||||||
24 | authorized in
the following manner:
| ||||||
25 | (1) Each established political party shall be entitled to |
| |||||||
| |||||||
1 | appoint
two pollwatchers per precinct. Such pollwatchers must | ||||||
2 | be affiliated
with the political party for which they are | ||||||
3 | pollwatching. For all
elections, the pollwatchers must be
| ||||||
4 | registered to vote in Illinois.
| ||||||
5 | (2) Each candidate shall be entitled to appoint two | ||||||
6 | pollwatchers per
precinct. For all elections, the pollwatchers | ||||||
7 | must be
registered to vote
in Illinois.
| ||||||
8 | (3) Each organization of citizens within the county or | ||||||
9 | political
subdivision, which has among its purposes or | ||||||
10 | interests the investigation
or prosecution of election frauds, | ||||||
11 | and which shall have registered its
name and address and the | ||||||
12 | name and addresses of its principal officers
with the proper | ||||||
13 | election authority at least 40 days before the election,
shall | ||||||
14 | be entitled to appoint one pollwatcher per precinct. For all
| ||||||
15 | elections, the pollwatcher must be registered to vote in
| ||||||
16 | Illinois.
| ||||||
17 | (3.5) Each State nonpartisan civic organization within the | ||||||
18 | county or political subdivision shall be entitled to appoint | ||||||
19 | one pollwatcher per precinct, provided that no more than 2 | ||||||
20 | pollwatchers appointed by State nonpartisan civic | ||||||
21 | organizations shall be present in a precinct polling place at | ||||||
22 | the same time. Each organization shall have registered the | ||||||
23 | names and addresses of its principal officers with the proper | ||||||
24 | election authority at least 40 days before the election. The | ||||||
25 | pollwatchers must be registered to vote in Illinois. For the | ||||||
26 | purpose of this paragraph, a "State nonpartisan civic |
| |||||||
| |||||||
1 | organization" means any corporation, unincorporated | ||||||
2 | association, or organization that: | ||||||
3 | (i) as part of its written articles of incorporation, | ||||||
4 | bylaws, or charter or by separate written declaration, has | ||||||
5 | among its stated purposes the provision of voter | ||||||
6 | information and education, the protection of individual | ||||||
7 | voters' rights, and the promotion of free and equal | ||||||
8 | elections; | ||||||
9 | (ii) is organized or primarily conducts its activities | ||||||
10 | within the State of Illinois; and | ||||||
11 | (iii) continuously maintains an office or business | ||||||
12 | location within the State of Illinois, together with a | ||||||
13 | current listed telephone number (a post office box number | ||||||
14 | without a current listed telephone number is not | ||||||
15 | sufficient).
| ||||||
16 | (4) In any general election held to elect candidates for | ||||||
17 | the offices of
a municipality of less than 3,000,000 population | ||||||
18 | that is situated in 2 or
more counties, a pollwatcher who is a | ||||||
19 | resident of Illinois shall be eligible to serve as a
| ||||||
20 | pollwatcher in any poll located within such
municipality, | ||||||
21 | provided that such pollwatcher otherwise complies with the
| ||||||
22 | respective requirements of subsections (1) through (3) of this | ||||||
23 | Section and
is a registered voter in Illinois.
| ||||||
24 | (5) Each organized group of proponents or opponents of a | ||||||
25 | ballot
proposition, which shall have registered the name and | ||||||
26 | address of its
organization or committee and the name and |
| |||||||
| |||||||
1 | address of its chairman with the
proper election authority at | ||||||
2 | least 40 days before the election, shall be
entitled to appoint | ||||||
3 | one pollwatcher per precinct. The pollwatcher
must be
| ||||||
4 | registered to vote in Illinois.
| ||||||
5 | All pollwatchers shall be required to have proper | ||||||
6 | credentials. Such
credentials shall be printed in sufficient | ||||||
7 | quantities, shall be issued
by and under the facsimile | ||||||
8 | signature(s) of the election authority or the State Board of | ||||||
9 | Elections and
shall be available for distribution by the | ||||||
10 | election authority and State Board of Elections at least 2 | ||||||
11 | weeks prior to the
election. Such credentials shall be | ||||||
12 | authorized by the real or facsimile
signature of the State or | ||||||
13 | local party official or the candidate or the
presiding officer | ||||||
14 | of the civic organization or the chairman of the
proponent or | ||||||
15 | opponent group, as the case may be. Neither the The election | ||||||
16 | authority nor the State Board of Elections may not require any | ||||||
17 | such party official or the candidate or the presiding officer | ||||||
18 | of the civic organization or the chairman of the proponent or | ||||||
19 | opponent group to submit the names or other information | ||||||
20 | concerning pollwatchers before making credentials available to | ||||||
21 | such persons or organizations.
| ||||||
22 | Pollwatcher credentials shall be in substantially the | ||||||
23 | following form:
| ||||||
24 | POLLWATCHER CREDENTIALS
| ||||||
25 | TO THE JUDGES OF ELECTION:
|
| |||||||
| |||||||
1 | In accordance with the provisions of the Election
Code, the | ||||||
2 | undersigned hereby appoints .......... (name of pollwatcher)
| ||||||
3 | who resides at ........... (address) in the county
of | ||||||
4 | ..........., .......... (township or municipality)
of | ||||||
5 | ........... (name), State of Illinois and who is duly | ||||||
6 | registered
to vote from this address, to act as a pollwatcher | ||||||
7 | in the
........... precinct of the ........... ward (if | ||||||
8 | applicable)
of the ........... (township or municipality) of | ||||||
9 | ........... at the
........... election to be held on (insert | ||||||
10 | date).
| ||||||
11 | ........................ (Signature of Appointing Authority)
| ||||||
12 | ......................... TITLE (party official, candidate,
| ||||||
13 | civic organization president,
| ||||||
14 | proponent or opponent group chairman)
| ||||||
15 | Under penalties provided by law pursuant to Section 29-10 | ||||||
16 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
17 | that he or she resides
at ................ (address) in the | ||||||
18 | county of ............, .........
(township or municipality) | ||||||
19 | of ........... (name), State of Illinois, and is
duly | ||||||
20 | registered to vote in Illinois.
| ||||||
21 | .......................... .......................
| ||||||
22 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
23 | Which Pollwatcher Resides)
| ||||||
24 | Pollwatchers must present their credentials to the Judges |
| |||||||
| |||||||
1 | of Election
upon entering the polling place. Pollwatcher | ||||||
2 | credentials properly
executed and signed shall be proof of the | ||||||
3 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
4 | credentials are retained by the
Judges and returned to the | ||||||
5 | Election Authority at the end of the day of
election with the | ||||||
6 | other election materials. Once a pollwatcher has
surrendered a | ||||||
7 | valid credential, he may leave and reenter the polling place
| ||||||
8 | provided that such continuing action does not disrupt the | ||||||
9 | conduct of the
election. Pollwatchers may be substituted during | ||||||
10 | the course of the day, but
established political parties, | ||||||
11 | candidates and qualified civic organizations
can have only as | ||||||
12 | many pollwatchers at any given time as are authorized in
this | ||||||
13 | Article. A substitute must present his signed credential to the
| ||||||
14 | judges of election upon entering the polling place. Election | ||||||
15 | authorities
must provide a sufficient number of credentials to | ||||||
16 | allow for substitution
of pollwatchers. After the polls have | ||||||
17 | closed pollwatchers shall be allowed
to remain until the | ||||||
18 | canvass of votes is completed; but may leave and
reenter only | ||||||
19 | in cases of necessity, provided that such action is not so
| ||||||
20 | continuous as to disrupt the canvass of votes.
| ||||||
21 | Candidates seeking office in a district or municipality | ||||||
22 | encompassing 2
or more counties shall be admitted to any and | ||||||
23 | all polling places throughout
such district or municipality | ||||||
24 | without regard to the counties in which such
candidates are | ||||||
25 | registered to vote. Actions of such candidates shall be
| ||||||
26 | governed in each polling place by the same privileges and |
| |||||||
| |||||||
1 | limitations that
apply to pollwatchers as provided in this | ||||||
2 | Section. Any such candidate who
engages in an activity in a | ||||||
3 | polling place which could reasonably be
construed by a majority | ||||||
4 | of the judges of election as campaign activity
shall be removed | ||||||
5 | forthwith from such polling place.
| ||||||
6 | Candidates seeking office in a district or municipality | ||||||
7 | encompassing 2 or
more counties who desire to be admitted to | ||||||
8 | polling places on election day
in such district or municipality | ||||||
9 | shall be required to have proper
credentials. Such credentials | ||||||
10 | shall be printed in sufficient quantities,
shall be issued by | ||||||
11 | and under the facsimile signature of the State Board of | ||||||
12 | Elections or the
election authority of the election | ||||||
13 | jurisdiction where the polling place in
which the candidate | ||||||
14 | seeks admittance is located, and shall be available for
| ||||||
15 | distribution at least 2 weeks prior to the election. Such | ||||||
16 | credentials shall
be signed by the candidate.
| ||||||
17 | Candidate credentials shall be in substantially the | ||||||
18 | following form:
| ||||||
19 | CANDIDATE CREDENTIALS
| ||||||
20 | TO THE JUDGES OF ELECTION:
| ||||||
21 | In accordance with the provisions of the Election Code, I | ||||||
22 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
23 | for ....... (name of
office) and seek admittance to ....... | ||||||
24 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
25 | (township or municipality) of ....... at the
....... election |
| |||||||
| |||||||
1 | to be held on (insert date).
| ||||||
2 | ......................... .......................
| ||||||
3 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
4 | CANDIDATE SEEKS
| ||||||
5 | NOMINATION OR
| ||||||
6 | ELECTION
| ||||||
7 | Pollwatchers shall be permitted to observe all proceedings | ||||||
8 | and view all reasonably requested records relating
to the | ||||||
9 | conduct of the election, provided the secrecy of the ballot is | ||||||
10 | not impinged, and to station themselves in a position
in the | ||||||
11 | voting room as will enable them to observe the judges making | ||||||
12 | the
signature comparison between the voter application and the | ||||||
13 | voter
registration record card; provided, however, that such | ||||||
14 | pollwatchers
shall not be permitted to station themselves in | ||||||
15 | such close proximity to
the judges of election so as to | ||||||
16 | interfere with the orderly conduct of
the election and shall | ||||||
17 | not, in any event, be permitted to handle
election materials. | ||||||
18 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
19 | of a person offering to vote and may call to the
attention of | ||||||
20 | the judges of election any incorrect procedure or apparent
| ||||||
21 | violations of this Code.
| ||||||
22 | If a majority of the judges of election determine that the | ||||||
23 | polling
place has become too overcrowded with pollwatchers so | ||||||
24 | as to interfere
with the orderly conduct of the election, the | ||||||
25 | judges shall, by lot,
limit such pollwatchers to a reasonable |
| |||||||
| |||||||
1 | number, except that each
established or new political party | ||||||
2 | shall be permitted to have at least
one pollwatcher present.
| ||||||
3 | Representatives of an election authority, with regard to an | ||||||
4 | election
under its jurisdiction, the State Board of Elections, | ||||||
5 | and law
enforcement agencies, including but not limited to a | ||||||
6 | United States
Attorney, a State's attorney, the Attorney | ||||||
7 | General, and a State, county,
or local police department, in | ||||||
8 | the performance of their official
election duties, shall be | ||||||
9 | permitted at all times to enter and remain in
the polling | ||||||
10 | place. Upon entering the polling place, such
representatives | ||||||
11 | shall display their official credentials or other
| ||||||
12 | identification to the judges of election.
| ||||||
13 | Uniformed police officers assigned to polling place duty | ||||||
14 | shall follow
all lawful instructions of the judges of election.
| ||||||
15 | The provisions of this Section shall also apply to | ||||||
16 | supervised casting of
absentee ballots as provided in Section | ||||||
17 | 19-12.2 of this Act.
| ||||||
18 | (Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07; | ||||||
19 | 95-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
| ||||||
20 | (10 ILCS 5/18A-15)
| ||||||
21 | Sec. 18A-15. Validating and counting provisional ballots.
| ||||||
22 | (a) The county clerk or board of election commissioners | ||||||
23 | shall complete the
validation and counting of provisional | ||||||
24 | ballots within 14 calendar days of
the day of the election. The | ||||||
25 | county clerk or board of election commissioners
shall have 7 |
| |||||||
| |||||||
1 | calendar days from the completion of the validation and
| ||||||
2 | counting of provisional ballots to conduct its final canvass. | ||||||
3 | The State Board
of Elections shall complete within 31 calendar | ||||||
4 | days of the election or sooner
if all the returns are received, | ||||||
5 | its final canvass of the vote for all public
offices.
| ||||||
6 | (b) If a county clerk or board of election commissioners | ||||||
7 | determines that all
of the following apply, then a provisional | ||||||
8 | ballot is valid and shall be counted
as a vote:
| ||||||
9 | (1) the provisional voter cast the provisional ballot | ||||||
10 | in the correct
precinct based on the address provided by | ||||||
11 | the provisional voter. The provisional voter's affidavit | ||||||
12 | shall serve as a change of address request by that voter | ||||||
13 | for registration purposes for the next ensuing election if | ||||||
14 | it bears an address different from that in the records of | ||||||
15 | the election authority . Votes for federal and statewide | ||||||
16 | offices on a provisional ballot cast in the incorrect | ||||||
17 | precinct that meet the other requirements of this | ||||||
18 | subsection shall be valid and counted in accordance with | ||||||
19 | rules adopted by the State Board of Elections. As used in | ||||||
20 | this item, "federal office" is defined as provided in | ||||||
21 | Section 20-1 and "statewide office" means the Governor, | ||||||
22 | Attorney General, Secretary of State, Comptroller, and | ||||||
23 | Treasurer. Votes for General Assembly, countywide, | ||||||
24 | citywide, or township office on a provisional ballot cast | ||||||
25 | in the incorrect precinct but in the correct legislative | ||||||
26 | district, representative district, county, municipality, |
| |||||||
| |||||||
1 | or township, as the case may be, shall be valid and counted | ||||||
2 | in accordance with rules adopted by the State Board of | ||||||
3 | Elections. As used in this item, "citywide office" means an | ||||||
4 | office elected by the electors of an entire municipality. | ||||||
5 | As used in this item, "township office" means an office | ||||||
6 | elected by the electors of an entire township ;
| ||||||
7 | (2) the affidavit executed by the provisional voter | ||||||
8 | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | ||||||
9 | a minimum, the provisional voter's first and last name, | ||||||
10 | house number and street name, and signature or mark;
| ||||||
11 | (3) the provisional voter is a registered voter based | ||||||
12 | on information
available to the county clerk or board of | ||||||
13 | election commissioners provided by or
obtained from any of | ||||||
14 | the following:
| ||||||
15 | i. the provisional voter;
| ||||||
16 | ii. an election judge;
| ||||||
17 | iii. the statewide voter registration database | ||||||
18 | maintained by the State
Board of Elections;
| ||||||
19 | iv. the records of the county clerk or board of | ||||||
20 | election commissioners'
database; or
| ||||||
21 | v. the records of the Secretary of State; and | ||||||
22 | (4) for a provisional ballot cast under item (6) of | ||||||
23 | subsection (a) of Section 18A-5, the voter did not vote by | ||||||
24 | absentee ballot in the election at which the provisional | ||||||
25 | ballot was cast.
| ||||||
26 | (c) With respect to subsection (b)(3) of this Section, the |
| |||||||
| |||||||
1 | county clerk or
board of election commissioners shall | ||||||
2 | investigate and record whether or not the specified information | ||||||
3 | is available from each of the 5 identified sources. If the | ||||||
4 | information is available from one or more of the identified | ||||||
5 | sources, then the
county clerk or board of election | ||||||
6 | commissioners shall seek to obtain the
information from each of | ||||||
7 | those sources until satisfied, with information from at least | ||||||
8 | one of those sources, that the provisional voter is registered | ||||||
9 | and entitled to vote. The county clerk
or board of election | ||||||
10 | commissioners shall use any information it obtains as the
basis | ||||||
11 | for determining the voter registration status of the | ||||||
12 | provisional voter.
If a conflict exists among the information | ||||||
13 | available to the county clerk or
board of election | ||||||
14 | commissioners as to the registration status of the
provisional | ||||||
15 | voter, then the county clerk or board of election commissioners
| ||||||
16 | shall make a
determination based on the totality of the | ||||||
17 | circumstances. In a case where the
above information equally | ||||||
18 | supports or opposes the registration status of the
voter, the | ||||||
19 | county clerk or board of election commissioners shall decide in
| ||||||
20 | favor of the provisional voter as being duly registered to | ||||||
21 | vote. If the
statewide voter registration database maintained | ||||||
22 | by the State Board of
Elections indicates that the provisional | ||||||
23 | voter is registered to vote, but the
county clerk's or board of | ||||||
24 | election commissioners' voter registration database
indicates | ||||||
25 | that the provisional voter is not registered to vote, then the
| ||||||
26 | information found in the statewide voter registration database |
| |||||||
| |||||||
1 | shall control
the matter and the provisional voter shall be | ||||||
2 | deemed to be registered to vote.
If the records of the county | ||||||
3 | clerk or board of election commissioners indicates
that the | ||||||
4 | provisional
voter is registered to vote, but the statewide | ||||||
5 | voter registration database
maintained by the State Board of | ||||||
6 | Elections indicates that the provisional voter
is not | ||||||
7 | registered to vote, then the information found in the records | ||||||
8 | of the
county clerk or board of election commissioners shall | ||||||
9 | control the matter and
the provisional voter shall be deemed to | ||||||
10 | be registered to vote. If the
provisional voter's signature on | ||||||
11 | his or her provisional ballot request varies
from the signature | ||||||
12 | on
an otherwise valid registration application solely because | ||||||
13 | of the substitution
of initials for the first or middle name, | ||||||
14 | the election authority may not reject
the provisional ballot.
| ||||||
15 | (d) In validating the registration status of a person | ||||||
16 | casting a provisional
ballot, the county clerk or board of | ||||||
17 | election commissioners shall not require a
provisional voter to | ||||||
18 | complete any form other than the affidavit executed by the
| ||||||
19 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
20 | addition,
the
county clerk or board of election commissioners | ||||||
21 | shall not require all
provisional voters or
any particular | ||||||
22 | class or group of provisional voters to appear personally | ||||||
23 | before
the county clerk or board of election commissioners or | ||||||
24 | as a matter of policy
require provisional voters to submit | ||||||
25 | additional information to verify or
otherwise support the | ||||||
26 | information already submitted by the provisional voter.
Within |
| |||||||
| |||||||
1 | 2 calendar days after the election, the election authority | ||||||
2 | shall transmit by electronic means pursuant to a process | ||||||
3 | established by the State Board of Elections the name, street | ||||||
4 | address, e-mail address, and precinct, ward, township, and | ||||||
5 | district numbers, as the case may be, of each person casting a | ||||||
6 | provisional ballot to the State Board of Elections, which shall | ||||||
7 | maintain those names and that information in an electronic | ||||||
8 | format on its website, arranged by county and accessible to | ||||||
9 | State and local political committees. The provisional voter | ||||||
10 | may, within 7 2 calendar days after the election, submit
| ||||||
11 | additional information to the county clerk or board of election | ||||||
12 | commissioners.
This information must be received by the county | ||||||
13 | clerk or board of election
commissioners within the | ||||||
14 | 7-calendar-day 2-calendar-day period.
| ||||||
15 | (e) If the county clerk or board of election commissioners | ||||||
16 | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
17 | apply, then the provisional
ballot is not valid
and may not be | ||||||
18 | counted. The provisional ballot envelope containing the ballot
| ||||||
19 | cast by the provisional voter may not be opened. The county | ||||||
20 | clerk or board of
election commissioners shall write on the | ||||||
21 | provisional ballot envelope the
following: "Provisional ballot | ||||||
22 | determined invalid.".
| ||||||
23 | (f) If the county clerk or board of election commissioners | ||||||
24 | determines that a
provisional ballot is valid under this | ||||||
25 | Section, then the provisional ballot
envelope shall be opened. | ||||||
26 | The outside of each provisional ballot
envelope shall
also be
|
| |||||||
| |||||||
1 | marked to identify the precinct and the date of the election.
| ||||||
2 | (g) Provisional ballots determined to be valid shall be | ||||||
3 | counted at the election authority's central ballot counting | ||||||
4 | location and shall not be counted in precincts. The provisional | ||||||
5 | ballots determined to be valid shall be added to the
vote
| ||||||
6 | totals for the precincts from which they were cast in the order | ||||||
7 | in which the
ballots were opened.
The validation and counting | ||||||
8 | of provisional ballots shall be subject to the
provisions of | ||||||
9 | this Code that apply to pollwatchers.
If the provisional | ||||||
10 | ballots are a ballot of a punch card
voting system, then the | ||||||
11 | provisional ballot shall be counted in a manner
consistent with | ||||||
12 | Article 24A. If the provisional ballots
are a ballot of optical | ||||||
13 | scan or other type of approved electronic voting
system, then | ||||||
14 | the provisional ballots shall be counted in a manner consistent
| ||||||
15 | with Article 24B.
| ||||||
16 | (h) As soon as the ballots have been counted, the election | ||||||
17 | judges or
election officials shall, in
the presence of the | ||||||
18 | county clerk or board of election commissioners, place each
of | ||||||
19 | the following items in a separate envelope or bag: (1) all | ||||||
20 | provisional
ballots, voted or spoiled; (2)
all provisional | ||||||
21 | ballot envelopes of provisional ballots voted or spoiled; and
| ||||||
22 | (3) all executed affidavits
of the provisional ballots voted or | ||||||
23 | spoiled.
All provisional ballot envelopes for provisional | ||||||
24 | voters who have been
determined
not to be registered to vote | ||||||
25 | shall remain sealed. The county clerk or board of
election | ||||||
26 | commissioners shall treat the provisional ballot envelope |
| |||||||
| |||||||
1 | containing
the written affidavit as a voter registration | ||||||
2 | application for that person for
the next election and process | ||||||
3 | that application.
The election judges or election officials | ||||||
4 | shall then
securely
seal each envelope or bag, initial the | ||||||
5 | envelope or bag, and plainly mark on the
outside of the | ||||||
6 | envelope or bag in ink the precinct in which the provisional
| ||||||
7 | ballots were cast. The election judges or election officials | ||||||
8 | shall then place
each sealed envelope or
bag into a box, secure | ||||||
9 | and seal it in the same manner as described in
item (6) of | ||||||
10 | subsection (b) of Section 18A-5. Each election judge or | ||||||
11 | election
official shall take and subscribe an oath
before the | ||||||
12 | county clerk or
board of election commissioners that the | ||||||
13 | election judge or election official
securely kept the
ballots | ||||||
14 | and papers in the box, did not permit any person to open the | ||||||
15 | box or
otherwise touch or tamper with the ballots and papers in | ||||||
16 | the box, and has no
knowledge of any other person opening the | ||||||
17 | box.
For purposes of this Section, the term "election official" | ||||||
18 | means the county
clerk, a member of the board of election | ||||||
19 | commissioners, as the case may be, and
their respective | ||||||
20 | employees.
| ||||||
21 | (Source: P.A. 97-766, eff. 7-6-12.)
| ||||||
22 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
23 | Sec. 19-2. Any elector as defined in Section 19-1 may by | ||||||
24 | mail or electronically on the website of the appropriate | ||||||
25 | election authority , not more than 40 nor less than 5 days prior |
| |||||||
| |||||||
1 | to the
date of such election, or by personal delivery not more | ||||||
2 | than 40 nor less
than one day prior to the date of such | ||||||
3 | election, make application to the
county clerk or to the Board | ||||||
4 | of Election Commissioners for an official
ballot for the | ||||||
5 | voter's precinct to be voted at such election.
Such a ballot | ||||||
6 | shall be delivered to the elector only upon separate | ||||||
7 | application by the elector for each election.
| ||||||
8 | (Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
| ||||||
9 | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | ||||||
10 | Sec. 19-2.1. In-person absentee voting in the office of the | ||||||
11 | municipal, township, or road district clerks. At the | ||||||
12 | consolidated primary, general primary,
consolidated, and | ||||||
13 | general elections, electors entitled
to vote
by absentee ballot | ||||||
14 | under the provisions of Section 19-1
may vote in person at the | ||||||
15 | office of the municipal clerk, if the elector
is a resident of | ||||||
16 | a municipality not having a board of election commissioners,
or | ||||||
17 | at the office of the township clerk or, in counties not under | ||||||
18 | township
organization, at the office of the road district clerk | ||||||
19 | if the elector is
not a resident of a municipality; provided, | ||||||
20 | in each case that the municipal,
township or road district | ||||||
21 | clerk, as the case may be, is authorized to conduct
in-person | ||||||
22 | absentee voting pursuant to this Section. Absentee voting in | ||||||
23 | such
municipal and township clerk's offices under this Section | ||||||
24 | shall be
conducted from the 22nd day through the day before the | ||||||
25 | election. |
| |||||||
| |||||||
1 | Municipal and township clerks (or road district clerks) who | ||||||
2 | have regularly
scheduled working hours at regularly designated | ||||||
3 | offices other than a place
of residence and whose offices are | ||||||
4 | open for business during the same hours
as the office of the | ||||||
5 | election authority shall conduct in-person absentee
voting for | ||||||
6 | said elections. Municipal and township clerks (or road district
| ||||||
7 | clerks) who have no regularly scheduled working hours but who | ||||||
8 | have regularly
designated offices other than a place of | ||||||
9 | residence shall conduct in-person
absentee voting for said | ||||||
10 | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | ||||||
11 | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | ||||||
12 | Saturdays, but not during such hours as the office of the | ||||||
13 | election
authority is closed, unless the clerk files a written | ||||||
14 | waiver with the
election authority not later than July 1 of | ||||||
15 | each year stating that he or
she is unable to conduct such | ||||||
16 | voting and the reasons therefor. Such clerks
who conduct | ||||||
17 | in-person absentee voting may extend their hours for that
| ||||||
18 | purpose to include any hours in which the election authority's | ||||||
19 | office is
open. Municipal and township clerks (or
road district | ||||||
20 | clerks) who have no regularly scheduled office hours and no
| ||||||
21 | regularly designated offices other than a place of residence | ||||||
22 | may not conduct
in-person absentee voting for said elections. | ||||||
23 | The election authority may
devise alternative methods for | ||||||
24 | in-person absentee voting before said elections
for those | ||||||
25 | precincts located within the territorial area of a municipality
| ||||||
26 | or township (or road district) wherein the clerk of such |
| |||||||
| |||||||
1 | municipality or
township (or road district) has waived or is | ||||||
2 | not entitled to conduct such
voting.
In addition, electors may | ||||||
3 | vote by absentee ballot under the provisions of
Section 19-1 at | ||||||
4 | the office of the election authority having jurisdiction
over | ||||||
5 | their residence. Unless specifically authorized by the | ||||||
6 | election authority, municipal,
township, and road district | ||||||
7 | clerks shall not conduct in-person absentee
voting. No less | ||||||
8 | than 45 days
before the date of an election, the election | ||||||
9 | authority shall notify the
municipal, township, and road | ||||||
10 | district clerks within its jurisdiction if
they are to conduct | ||||||
11 | in-person absentee voting. Election authorities, however, may | ||||||
12 | conduct in-person absentee voting in one or more designated
| ||||||
13 | appropriate public buildings from the fourth
day before the | ||||||
14 | election through
the day before the election.
| ||||||
15 | In conducting in-person absentee voting under this | ||||||
16 | Section, the respective
clerks shall be required to verify the | ||||||
17 | signature of the absentee
voter by comparison with the | ||||||
18 | signature on the official registration
record card. The clerk | ||||||
19 | also shall reasonably ascertain the identity
of such applicant, | ||||||
20 | shall verify that each such applicant is a registered
voter, | ||||||
21 | and shall verify the precinct in which he or she is registered
| ||||||
22 | and the proper ballots of the political subdivisions in which | ||||||
23 | the
applicant resides and is entitled to vote, prior to | ||||||
24 | providing any
absentee ballot to such applicant. The clerk | ||||||
25 | shall verify the
applicant's registration and from the most | ||||||
26 | recent poll list provided by
the county clerk, and if the |
| |||||||
| |||||||
1 | applicant is not listed on that poll list
then by telephoning | ||||||
2 | the office of the county clerk. | ||||||
3 | Within one day after a voter casts an in-person absentee | ||||||
4 | ballot, the appropriate election authority shall transmit by | ||||||
5 | electronic means pursuant to a process established by the State | ||||||
6 | Board of Elections the voter's name, street address, e-mail | ||||||
7 | address, and precinct, ward, township, and district numbers, as | ||||||
8 | the case may be, to the State Board of Elections, which shall | ||||||
9 | maintain those names and that information in an electronic | ||||||
10 | format on its website, arranged by county and accessible to | ||||||
11 | State and local political committees. | ||||||
12 | Absentee voting procedures in the office of the municipal, | ||||||
13 | township
and road district clerks shall be subject to all of | ||||||
14 | the applicable
provisions of this Article 19.
Pollwatchers may | ||||||
15 | be appointed to observe in-person absentee voting
procedures | ||||||
16 | and view all reasonably requested records relating to the | ||||||
17 | conduct of the election, provided the secrecy of the ballot is | ||||||
18 | not impinged, at the office of the municipal, township or road | ||||||
19 | district
clerks' offices where such absentee voting is | ||||||
20 | conducted. Such pollwatchers
shall qualify and be appointed in | ||||||
21 | the same manner as provided in Sections
7-34 and 17-23, except | ||||||
22 | each candidate, political party or
organization of citizens may | ||||||
23 | appoint only one pollwatcher for each location
where in-person | ||||||
24 | absentee voting is conducted. Pollwatchers must
be registered | ||||||
25 | to vote in Illinois and possess
valid pollwatcher credentials.
| ||||||
26 | All requirements in this Article
applicable to election |
| |||||||
| |||||||
1 | authorities shall apply to the respective local
clerks, except | ||||||
2 | where inconsistent with this Section. | ||||||
3 | The sealed absentee ballots in their carrier envelope shall | ||||||
4 | be
delivered by the respective clerks, or by the election | ||||||
5 | authority on behalf of
a clerk if the clerk and the election
| ||||||
6 | authority agree, to the election authority's central ballot | ||||||
7 | counting location
before the close of the polls on the day of | ||||||
8 | the general primary,
consolidated primary, consolidated, or | ||||||
9 | general election. | ||||||
10 | Not more than 23 days before the general and consolidated
| ||||||
11 | elections, the county clerk shall make available to those
| ||||||
12 | municipal, township and road district clerks conducting | ||||||
13 | in-person absentee
voting within such county, a sufficient
| ||||||
14 | number of applications, absentee ballots, envelopes, and | ||||||
15 | printed voting
instruction slips for use by absentee voters in | ||||||
16 | the offices of such
clerks. The respective clerks shall receipt | ||||||
17 | for all ballots received,
shall return all unused or spoiled | ||||||
18 | ballots to the county clerk on the
day of the election and | ||||||
19 | shall strictly account for all ballots received. | ||||||
20 | The ballots delivered to the respective clerks shall | ||||||
21 | include absentee
ballots for each precinct in the municipality, | ||||||
22 | township or road
district, or shall include such separate | ||||||
23 | ballots for each political
subdivision conducting an election | ||||||
24 | of officers or a referendum on that
election day as will permit | ||||||
25 | any resident of the municipality, township
or road district to | ||||||
26 | vote absentee in the office of the proper clerk. |
| |||||||
| |||||||
1 | The clerks of all municipalities, townships and road | ||||||
2 | districts may
distribute applications for absentee ballot for | ||||||
3 | the use of voters who
wish to mail such applications to the | ||||||
4 | appropriate election authority. Any person may produce, | ||||||
5 | reproduce, distribute, or return to an election authority the | ||||||
6 | application for absentee ballot. Upon receipt, the appropriate | ||||||
7 | election authority shall accept and promptly process any | ||||||
8 | application for absentee ballot.
| ||||||
9 | (Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.)
| ||||||
10 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
11 | Sec. 19-3. The
application for absentee ballot shall be | ||||||
12 | substantially in the
following form: | ||||||
13 | APPLICATION FOR ABSENTEE BALLOT | ||||||
14 | To be voted at the .... election in the County of .... and | ||||||
15 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
16 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
17 | I state that I am a resident of the .... precinct of the | ||||||
18 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
19 | the city of
.... residing at .... in such city or town in the | ||||||
20 | county of .... and
State of Illinois; that I have lived at such | ||||||
21 | address for .... month(s)
last past; that I am lawfully | ||||||
22 | entitled to vote in such precinct at the
.... election to be | ||||||
23 | held therein on ....; and that I wish to vote by absentee | ||||||
24 | ballot. | ||||||
25 | I hereby make application for an official ballot or ballots |
| |||||||
| |||||||
1 | to be
voted by me at such election, and I agree that I shall | ||||||
2 | return such ballot or ballots to the
official issuing the same | ||||||
3 | prior to the closing of the polls on the date
of the election | ||||||
4 | or, if returned by mail, postmarked no later than midnight | ||||||
5 | preceding election day, for counting no later than during the | ||||||
6 | period for counting provisional ballots, the last day of which | ||||||
7 | is the 14th day following election day. | ||||||
8 | I understand that this application is made for an official | ||||||
9 | absentee ballot or ballots to be voted by me at the election | ||||||
10 | specified in this application and that I must submit a separate | ||||||
11 | application for an official absentee ballot or ballots to be | ||||||
12 | voted by me at any subsequent election. | ||||||
13 | Under penalties as provided by law pursuant to Section | ||||||
14 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
15 | statements set forth
in this application are true and correct. | ||||||
16 | .... | ||||||
17 | *fill in either (1), (2) or (3). | ||||||
18 | Post office address to which ballot is mailed: | ||||||
19 | ............... | ||||||
20 | However, if application is made for a primary election | ||||||
21 | ballot, such
application shall require the applicant to | ||||||
22 | designate the name of the political party with which
the | ||||||
23 | applicant is affiliated. | ||||||
24 | If application is made electronically, the applicant shall | ||||||
25 | mark the box associated with the above described statement | ||||||
26 | included as part of the online application certifying that the |
| |||||||
| |||||||
1 | statements set forth in this application are true and correct, | ||||||
2 | and a signature is not required. | ||||||
3 | Any person may produce, reproduce, distribute, or return to | ||||||
4 | an election authority the application for absentee ballot. Upon | ||||||
5 | receipt, the appropriate election authority shall accept and | ||||||
6 | promptly process any application for absentee ballot submitted | ||||||
7 | in a form substantially similar to that required by this | ||||||
8 | Section, including any substantially similar production or | ||||||
9 | reproduction generated by the applicant. | ||||||
10 | (Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09; | ||||||
11 | 96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff. | ||||||
12 | 7-6-12.)
| ||||||
13 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
14 | Sec. 19-4. Mailing or delivery of ballots - Time.) | ||||||
15 | Immediately upon
the receipt of such application either by mail | ||||||
16 | or electronic means , not more than 40 days
nor less than 5 days | ||||||
17 | prior to such election, or by personal delivery not
more than | ||||||
18 | 40 days nor less than one day prior to such election, at the
| ||||||
19 | office of such election authority, it shall be the duty of such | ||||||
20 | election
authority to examine the records to ascertain whether | ||||||
21 | or not such
applicant is lawfully entitled to vote as
| ||||||
22 | requested, including a verification of the applicant's | ||||||
23 | signature by comparison with the signature on the official | ||||||
24 | registration record card, and if found so to be entitled to | ||||||
25 | vote, to post within one business day thereafter
the name, |
| |||||||
| |||||||
1 | street address,
ward and precinct number or township and | ||||||
2 | district number, as the case may be,
of such applicant given on | ||||||
3 | a list, the pages of which are to be numbered
consecutively to | ||||||
4 | be kept by such election authority for such purpose in a
| ||||||
5 | conspicuous, open and public place accessible to the public at | ||||||
6 | the entrance of
the office of such election authority, and in | ||||||
7 | such a manner that such list may
be viewed without necessity of | ||||||
8 | requesting permission therefor. Within one
day after posting | ||||||
9 | the name and other information of an applicant for
an absentee | ||||||
10 | ballot, the election authority shall transmit by electronic | ||||||
11 | means pursuant to a process established by the State Board of | ||||||
12 | Elections that name and other
posted information to the State | ||||||
13 | Board of Elections, which shall maintain those
names and other | ||||||
14 | information in an electronic format on its website, arranged by
| ||||||
15 | county and accessible to State and local political committees. | ||||||
16 | Within 2
business days after posting a name and other | ||||||
17 | information on the list within
its
office, the election | ||||||
18 | authority shall mail,
postage prepaid, or deliver in person in | ||||||
19 | such office an official ballot
or ballots if more than one are | ||||||
20 | to be voted at said election. Mail delivery
of Temporarily | ||||||
21 | Absent Student ballot applications pursuant to Section
19-12.3 | ||||||
22 | shall be by nonforwardable mail. However,
for the consolidated | ||||||
23 | election, absentee ballots for certain precincts may
be | ||||||
24 | delivered to applicants not less than 25 days before the | ||||||
25 | election if
so much time is required to have prepared and | ||||||
26 | printed the ballots containing
the names of persons nominated |
| |||||||
| |||||||
1 | for offices at the consolidated primary.
The election authority | ||||||
2 | shall enclose with each absentee ballot or
application written | ||||||
3 | instructions on how voting assistance shall be provided
| ||||||
4 | pursuant to Section 17-14 and a document, written and approved | ||||||
5 | by the State
Board of Elections,
enumerating
the circumstances | ||||||
6 | under which a person is authorized to vote by absentee
ballot | ||||||
7 | pursuant to this Article; such document shall also include a
| ||||||
8 | statement informing the applicant that if he or she falsifies | ||||||
9 | or is
solicited by another to falsify his or her
eligibility to | ||||||
10 | cast an absentee ballot, such applicant or other is subject
to
| ||||||
11 | penalties pursuant to Section 29-10 and Section 29-20 of the | ||||||
12 | Election Code.
Each election authority shall maintain a list of | ||||||
13 | the name, street address,
ward and
precinct, or township and | ||||||
14 | district number, as the case may be, of all
applicants who have | ||||||
15 | returned absentee ballots to such authority, and the name of | ||||||
16 | such absent voter shall be added to such list
within one | ||||||
17 | business day from receipt of such ballot.
If the absentee | ||||||
18 | ballot envelope indicates that the voter was assisted in
| ||||||
19 | casting the ballot, the name of the person so assisting shall | ||||||
20 | be included on
the list. The list, the pages of which are to be | ||||||
21 | numbered consecutively,
shall be kept by each election | ||||||
22 | authority in a conspicuous, open, and public
place accessible | ||||||
23 | to the public at the entrance of the office of the election
| ||||||
24 | authority and in a manner that the list may be viewed without | ||||||
25 | necessity of
requesting permission for viewing.
| ||||||
26 | Each election authority shall maintain a list for each |
| |||||||
| |||||||
1 | election
of the
voters to whom it has issued absentee ballots. | ||||||
2 | The list shall be
maintained for each precinct within the | ||||||
3 | jurisdiction of the election
authority. Prior to the opening of | ||||||
4 | the polls on election day, the
election authority shall deliver | ||||||
5 | to the judges of election in each
precinct the list of | ||||||
6 | registered voters in that precinct to whom absentee
ballots | ||||||
7 | have been issued by mail.
| ||||||
8 | Each election authority shall maintain a list for each | ||||||
9 | election of
voters to whom it has issued temporarily absent | ||||||
10 | student ballots. The list
shall be maintained for each election | ||||||
11 | jurisdiction within which such voters
temporarily abide. | ||||||
12 | Immediately after the close of the period during which
| ||||||
13 | application may be made by mail or electronic means for | ||||||
14 | absentee ballots, each election
authority shall mail to each | ||||||
15 | other election authority within the State a
certified list of | ||||||
16 | all such voters temporarily abiding within the
jurisdiction of | ||||||
17 | the other election authority.
| ||||||
18 | In the event that the return address of an
application for | ||||||
19 | ballot by a physically incapacitated elector
is that of a | ||||||
20 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
21 | the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
22 | Community Care Act, within the jurisdiction of the election | ||||||
23 | authority, and the applicant
is a registered voter in the | ||||||
24 | precinct in which such facility is located,
the ballots shall | ||||||
25 | be prepared and transmitted to a responsible judge of
election | ||||||
26 | no later than 9 a.m. on the Saturday, Sunday or Monday |
| |||||||
| |||||||
1 | immediately
preceding the election as designated by the | ||||||
2 | election authority under
Section 19-12.2. Such judge shall | ||||||
3 | deliver in person on the designated day
the ballot to the | ||||||
4 | applicant on the premises of the facility from which
| ||||||
5 | application was made. The election authority shall by mail | ||||||
6 | notify the
applicant in such facility that the ballot will be | ||||||
7 | delivered by a judge of
election on the designated day.
| ||||||
8 | All applications for absentee ballots shall be available at | ||||||
9 | the office
of the election authority for public inspection upon | ||||||
10 | request from the
time of receipt thereof by the election | ||||||
11 | authority until 30 days after the
election, except during the | ||||||
12 | time such applications are kept in the
office of the election | ||||||
13 | authority pursuant to Section 19-7, and except during
the time | ||||||
14 | such applications are in the possession of the judges of | ||||||
15 | election.
| ||||||
16 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
17 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
18 | (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
| ||||||
19 | Sec. 19-7.
| ||||||
20 | (a) Upon receipt of such absent voter's ballot, the | ||||||
21 | election
authority shall forthwith enclose the same unopened, | ||||||
22 | together with the
application made by said absent voter in a | ||||||
23 | large or carrier envelope
which shall be securely sealed and | ||||||
24 | endorsed with the name and official
title of such officer and | ||||||
25 | the words, "This envelope contains an absent
voter's ballot and |
| |||||||
| |||||||
1 | must be opened on election day," together with the number and
| ||||||
2 | description of the precinct in which said ballot is to be | ||||||
3 | voted, and
such officer shall thereafter safely keep the same | ||||||
4 | in his office until
counted by him as provided in the next | ||||||
5 | section.
| ||||||
6 | (b) Within one day after receipt of such absent voter's | ||||||
7 | ballot, the election authority shall transmit, by electronic | ||||||
8 | means pursuant to a process established by the State Board of | ||||||
9 | Elections, the voter's name, street address, e-mail address, | ||||||
10 | and precinct, ward, township, and district numbers, as the case | ||||||
11 | may be, to the State Board of Elections, which shall maintain | ||||||
12 | those names and that information in an electronic format on its | ||||||
13 | website, arranged by county and accessible to State and local | ||||||
14 | political committees. | ||||||
15 | (Source: P.A. 81-155.)
| ||||||
16 | (10 ILCS 5/19A-15)
| ||||||
17 | Sec. 19A-15. Period for early voting; hours.
| ||||||
18 | (a) The period for early voting by personal appearance | ||||||
19 | begins the 15th day preceding a general primary, consolidated | ||||||
20 | primary, consolidated, or
general election and extends through | ||||||
21 | the 3rd day before election day.
| ||||||
22 | (b) A permanent polling place for early voting must remain | ||||||
23 | open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | ||||||
24 | to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | ||||||
25 | Saturdays , Sundays, and holidays , and 12:00 p.m. to 3:00 p.m. |
| |||||||
| |||||||
1 | on Sundays ; except that, in addition to the hours required by | ||||||
2 | this subsection, a permanent early voting polling place | ||||||
3 | designated by an election authority under subsection (c) of | ||||||
4 | Section 19A-10 must remain open for a total of at least 8 hours | ||||||
5 | on any holiday during the early voting period and a total of at | ||||||
6 | least 14 hours on the final weekend during the early voting | ||||||
7 | period.
| ||||||
8 | (c) Notwithstanding subsections (a) and (b), an election | ||||||
9 | authority may close an early voting polling place if the | ||||||
10 | building in which the polling place is located has been closed | ||||||
11 | by the State or unit of local government in response to a | ||||||
12 | severe weather emergency. In the event of a closure, the | ||||||
13 | election authority shall conduct early voting on the 2nd day | ||||||
14 | before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to | ||||||
15 | 5:00 p.m. The election authority shall notify the State Board | ||||||
16 | of Elections of any closure and shall make reasonable efforts | ||||||
17 | to provide notice to the public of the extended early voting | ||||||
18 | period. | ||||||
19 | (d) Notwithstanding subsections (a) and (b), in 2013 only, | ||||||
20 | an election authority may close an early voting place on Good | ||||||
21 | Friday, Holy Saturday, and Easter Sunday, provided that the | ||||||
22 | early voting place remains open 2 hours later on April 3, 4, | ||||||
23 | and 5 of 2013. The election authority shall notify the State | ||||||
24 | Board of Elections of any closure and shall provide notice to | ||||||
25 | the public of the closure and the extended hours during the | ||||||
26 | final week. |
| |||||||
| |||||||
1 | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, | ||||||
2 | eff. 3-12-13.)
| ||||||
3 | (10 ILCS 5/19A-70)
| ||||||
4 | Sec. 19A-70. Advertising or campaigning in proximity of | ||||||
5 | polling place;
penalty. During the period prescribed in Section | ||||||
6 | 19A-15 for early voting by
personal appearance, no advertising | ||||||
7 | pertaining to any candidate or proposition
to be voted on may | ||||||
8 | be displayed in or within 100 feet of any polling place used
by | ||||||
9 | voters under this Article. No person may engage in | ||||||
10 | electioneering in or
within 100 feet of any polling place used | ||||||
11 | by voters under this Article. The provisions of Section 17-29 | ||||||
12 | with respect to establishment of a campaign free zone , | ||||||
13 | including, but not limited to, the provisions for placement of | ||||||
14 | signage on public property beyond the campaign free zone, apply | ||||||
15 | to polling places under this Article.
| ||||||
16 | Any person who violates this Section may be punished for | ||||||
17 | contempt of court.
| ||||||
18 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
19 | (10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
| ||||||
20 | Sec. 22-6. E-Canvass. | ||||||
21 | (a) Within 22 days after each election, each Election | ||||||
22 | Authority shall provide unit-by-unit vote totals to the State | ||||||
23 | Board of Elections in an electronic format to be prescribed by | ||||||
24 | the State Board of Elections. The State Board of Elections |
| |||||||
| |||||||
1 | shall promulgate rules necessary for the implementation of this | ||||||
2 | Section.
| ||||||
3 | (b) Beginning with the November 2014 general election and | ||||||
4 | every primary, consolidated, general, and special election | ||||||
5 | thereafter, within 52 days after each election, the State Board | ||||||
6 | of Elections shall publish the precinct-by-precinct vote | ||||||
7 | totals on its website and make them available in a downloadable | ||||||
8 | form. | ||||||
9 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
10 | (10 ILCS 5/24A-6.2 new) | ||||||
11 | Sec. 24A-6.2. Programming of automatic tabulating | ||||||
12 | equipment. Beginning with the 2014 general election and all | ||||||
13 | primary, consolidated, general, and special elections | ||||||
14 | thereafter, automatic tabulating equipment authorized by this | ||||||
15 | Section and programmed for a primary, consolidated, general, or | ||||||
16 | special election conducted pursuant to general election law | ||||||
17 | shall be programmed using the unique race and candidate ID | ||||||
18 | numbers assigned by the State Board of Elections. The unique | ||||||
19 | race and candidate ID numbers will be provided to the county | ||||||
20 | clerk or election authority, as the case may be, with the | ||||||
21 | candidate certification prepared by the State Board of | ||||||
22 | Elections. In addition, any new voting system approved by the | ||||||
23 | state after the 2014 general election shall have the capability | ||||||
24 | to export the election results by ballot style and group them | ||||||
25 | by precinct in an electronic format prescribed by the State |
| |||||||
| |||||||
1 | Board of Elections.
| ||||||
2 | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| ||||||
3 | Sec. 24A-16. The State Board of Elections shall approve all | ||||||
4 | voting
systems provided by this Article. | ||||||
5 | No voting system shall be approved
unless it fulfills the | ||||||
6 | following requirements:
| ||||||
7 | (1) It enables a voter to vote in absolute secrecy;
| ||||||
8 | (2) (Blank);
| ||||||
9 | (3) It enables a voter to vote a ticket selected in | ||||||
10 | part from the
nominees of one party, and in part from the | ||||||
11 | nominees of any or all parties,
and in part from | ||||||
12 | independent candidates and in part of candidates whose
| ||||||
13 | names are written in by the voter;
| ||||||
14 | (4) It enables a voter to vote a written or printed | ||||||
15 | ticket of his own
selection for any person for any office | ||||||
16 | for whom he may desire to vote;
| ||||||
17 | (5) It will reject all votes for an office or upon a | ||||||
18 | proposition when
the voter has cast more votes for such | ||||||
19 | office or upon such proposition than
he is entitled to | ||||||
20 | cast;
| ||||||
21 | (5.5) It will identify when a voter has not voted for | ||||||
22 | all statewide constitutional offices;
| ||||||
23 | (6) It will accommodate all propositions to be | ||||||
24 | submitted to the voters
in the form provided by law or, | ||||||
25 | where no such form is provided, then in
brief form, not to |
| |||||||
| |||||||
1 | exceed 75 words.
| ||||||
2 | (7) It will accommodate the tabulation programming | ||||||
3 | requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2. | ||||||
4 | The State Board of Elections shall not approve any voting | ||||||
5 | equipment or system that includes an external Infrared Data | ||||||
6 | Association (IrDA) communications port.
| ||||||
7 | The State Board of Elections is authorized to withdraw its | ||||||
8 | approval of a
voting system if the system fails to fulfill the | ||||||
9 | above requirements.
| ||||||
10 | The vendor, person, or other private entity shall be solely | ||||||
11 | responsible for the production and cost of: all application | ||||||
12 | fees; all ballots; additional temporary workers; and other | ||||||
13 | equipment or facilities needed and used in the testing of the | ||||||
14 | vendor's, person's, or other private entity's respective | ||||||
15 | equipment and software.
| ||||||
16 | Any voting system vendor, person, or other private entity | ||||||
17 | seeking the State Board of Elections' approval of a voting | ||||||
18 | system shall, as part of the approval application, submit to | ||||||
19 | the State Board a non-refundable fee. The State Board of | ||||||
20 | Elections by rule shall establish an appropriate fee structure, | ||||||
21 | taking into account the type of voting system approval that is | ||||||
22 | requested (such as approval of a new system, a modification of | ||||||
23 | an existing system, the size of the modification, etc.). No | ||||||
24 | voting system or modification of a voting system shall be | ||||||
25 | approved unless the fee is paid.
| ||||||
26 | No vendor, person, or other entity may sell, lease, or |
| |||||||
| |||||||
1 | loan, or have a written contract, including a contract | ||||||
2 | contingent upon State Board approval of the voting system or | ||||||
3 | voting system component, to sell, lease, or loan, a voting
| ||||||
4 | system or voting system component to any election jurisdiction | ||||||
5 | unless the
voting system or voting system component is first | ||||||
6 | approved by the State
Board of Elections pursuant to this | ||||||
7 | Section.
| ||||||
8 | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| ||||||
9 | (10 ILCS 5/24B-6.2 new) | ||||||
10 | Sec. 24B-6.2. Programming of automatic tabulating | ||||||
11 | equipment. Beginning with the 2014 general election and all | ||||||
12 | primary, consolidated, general, and special elections | ||||||
13 | thereafter, automatic tabulating equipment authorized by this | ||||||
14 | Section and programmed for a primary, consolidated, general, or | ||||||
15 | special election conducted pursuant to general election law | ||||||
16 | shall be programmed using the unique race and candidate ID | ||||||
17 | numbers assigned by the State Board of Elections. The unique | ||||||
18 | race and candidate ID numbers will be provided to the county | ||||||
19 | clerk or election authority, as the case may be, with the | ||||||
20 | candidate certification prepared by the State Board of | ||||||
21 | Elections. In addition, any new voting system approved by the | ||||||
22 | State after the 2014 general election shall have the capability | ||||||
23 | to export the election results by ballot style and group them | ||||||
24 | by precinct in an electronic format prescribed by the State | ||||||
25 | Board of Elections.
|
| |||||||
| |||||||
1 | (10 ILCS 5/24C-6.2 new) | ||||||
2 | Sec. 24C-6.2. Programming of automatic tabulating | ||||||
3 | equipment. Beginning with the 2014 general election and all | ||||||
4 | primary, consolidated, general, and special elections | ||||||
5 | thereafter, automatic tabulating equipment authorized by this | ||||||
6 | Section and programmed for a primary, consolidated, general, or | ||||||
7 | special election conducted pursuant to general election law | ||||||
8 | shall be programmed using the unique race and candidate ID | ||||||
9 | numbers assigned by the State Board of Elections. The unique | ||||||
10 | race and candidate ID numbers will be provided to the county | ||||||
11 | clerk or election authority, as the case may be, with the | ||||||
12 | candidate certification prepared by the State Board of | ||||||
13 | Elections. In addition, any new voting system approved by the | ||||||
14 | State after the 2014 general election shall have the capability | ||||||
15 | to export the election results by ballot style and group them | ||||||
16 | by precinct in an electronic format prescribed by the State | ||||||
17 | Board of Elections.
| ||||||
18 | (10 ILCS 5/28-8) (from Ch. 46, par. 28-8)
| ||||||
19 | Sec. 28-8. If a referendum held in accordance with Section | ||||||
20 | 28-7 of this
Act involved
the question of whether a unit of | ||||||
21 | local government shall
become a home rule unit or shall cease | ||||||
22 | to be a home rule unit and if that referendum passed, then the | ||||||
23 | clerk
of that unit of local government shall, within 45
days | ||||||
24 | after the
referendum,
file with the Secretary of State a |
| |||||||
| |||||||
1 | certified
statement showing the results of the referendum and | ||||||
2 | the resulting status
of the unit of local government as a home | ||||||
3 | rule unit or a non-home rule
unit. The Secretary of State shall | ||||||
4 | maintain such certified statements in
his office as a public | ||||||
5 | record.
| ||||||
6 | The question of whether a unit of local government shall | ||||||
7 | become a home rule unit shall be submitted in substantially the | ||||||
8 | following form: | ||||||
9 | Shall (name of the unit of local government) become a home | ||||||
10 | rule unit? | ||||||
11 | Votes must be recorded as "yes" or "no". | ||||||
12 | The question of whether a unit of local government shall | ||||||
13 | cease to be a home rule unit shall be submitted in | ||||||
14 | substantially the following form: | ||||||
15 | Shall (name of the unit of local government) cease to be a | ||||||
16 | home rule unit? | ||||||
17 | Votes must be recorded as "yes" or "no". | ||||||
18 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
19 | Section 7. The Illinois Identification Card Act is amended | ||||||
20 | by changing Section 11 as follows:
| ||||||
21 | (15 ILCS 335/11) (from Ch. 124, par. 31)
| ||||||
22 | Sec. 11. The Secretary may make a search of his records and | ||||||
23 | furnish
information as to whether a person has a current | ||||||
24 | Standard Illinois
Identification Card or an Illinois Person |
| |||||||
| |||||||
1 | with a Disability Identification Card then on
file, upon | ||||||
2 | receipt of a written application therefor accompanied with the
| ||||||
3 | prescribed fee. However, the Secretary may not disclose medical
| ||||||
4 | information concerning an individual to any person, public | ||||||
5 | agency, private
agency, corporation or governmental body | ||||||
6 | unless the individual has
submitted a written request for the | ||||||
7 | information or unless the individual
has given prior written | ||||||
8 | consent for the release of the information to a
specific person | ||||||
9 | or entity. This exception shall not apply to: (1) offices
and | ||||||
10 | employees of the Secretary who have a need to know the medical
| ||||||
11 | information in performance of their official duties, or (2) | ||||||
12 | orders of a
court of competent jurisdiction. When medical | ||||||
13 | information is disclosed by
the Secretary in accordance with | ||||||
14 | the provisions of this Section, no
liability shall rest with | ||||||
15 | the Office of the Secretary of State as the
information is | ||||||
16 | released for informational purposes only. | ||||||
17 | The Secretary may release personally identifying | ||||||
18 | information or highly restricted personal information only to: | ||||||
19 | (1) officers and employees of the Secretary who have a | ||||||
20 | need to know that information; | ||||||
21 | (2) other governmental agencies for use in their | ||||||
22 | official governmental functions; | ||||||
23 | (3) law enforcement agencies that need the information | ||||||
24 | for a criminal or civil investigation; or | ||||||
25 | (3-5) the State Board of Elections for the sole purpose | ||||||
26 | of providing the signatures required by a local election |
| |||||||
| |||||||
1 | authority to register a voter through an online voter | ||||||
2 | registration system; or | ||||||
3 | (4) any entity that the Secretary has authorized, by | ||||||
4 | rule, to receive this information. | ||||||
5 | The Secretary may not disclose an individual's social | ||||||
6 | security number or any associated information obtained from the | ||||||
7 | Social Security Administration without the written request or | ||||||
8 | consent of the individual except: (i) to officers and employees | ||||||
9 | of the Secretary who have a need to know the social security | ||||||
10 | number in the performance of their official duties; (ii) to law | ||||||
11 | enforcement officials for a lawful civil or criminal law | ||||||
12 | enforcement investigation if the head of the law enforcement | ||||||
13 | agency has made a written request to the Secretary specifying | ||||||
14 | the law enforcement investigation for which the social security | ||||||
15 | number is being sought; (iii) under a lawful court order signed | ||||||
16 | by a judge; or (iv) to the Illinois Department of Veterans' | ||||||
17 | Affairs for the purpose of confirming veteran status.
| ||||||
18 | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | ||||||
19 | revised 9-5-12.)
| ||||||
20 | Section 10. The Counties Code is amended by changing | ||||||
21 | Section 3-6001.5 as follows:
| ||||||
22 | (55 ILCS 5/3-6001.5)
| ||||||
23 | Sec. 3-6001.5. Sheriff qualifications. On or after the | ||||||
24 | effective date of this amendatory Act of the 98th General |
| |||||||
| |||||||
1 | Assembly December 1, 1997 ,
except as otherwise provided in this | ||||||
2 | Section, a person is not eligible to be a
candidate for the | ||||||
3 | office of sheriff, and a person shall not be elected or
| ||||||
4 | appointed to the office of sheriff, unless that person meets | ||||||
5 | all of the
following requirements:
| ||||||
6 | (1) Is a United States citizen.
| ||||||
7 | (2) Has been a resident of the county for at least one | ||||||
8 | year.
| ||||||
9 | (3) Is not a convicted felon.
| ||||||
10 | (Source: P.A. 90-447, eff. 8-16-97.)
| ||||||
11 | Section 15. The Illinois Municipal Code is amended by | ||||||
12 | changing Section 3.1-10-5 as follows:
| ||||||
13 | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
| ||||||
14 | Sec. 3.1-10-5. Qualifications; elective office.
| ||||||
15 | (a) A person is not eligible for an elective municipal | ||||||
16 | office unless that
person is a qualified elector of the | ||||||
17 | municipality and has resided in the
municipality at least
one | ||||||
18 | year next preceding the election or appointment, except as | ||||||
19 | provided in Section 3.1-20-25, subsection (b) of Section | ||||||
20 | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
| ||||||
21 | (b) A person is not eligible to take the oath of office for | ||||||
22 | a municipal office if that person is, at the time required for | ||||||
23 | taking the oath of office, in arrears in the payment of a tax | ||||||
24 | or other indebtedness due to the municipality or A person is |
| |||||||
| |||||||
1 | not eligible for an elective municipal office if that
person is | ||||||
2 | in arrears
in the payment of a tax or other indebtedness due to | ||||||
3 | the municipality or
has been convicted in any court located in | ||||||
4 | the United States of any infamous
crime,
bribery, perjury, or | ||||||
5 | other felony.
| ||||||
6 | (b-5) A person is not eligible to hold a municipal office, | ||||||
7 | if that person is, at any time during the term of office, in | ||||||
8 | arrears in the payment of a tax or other indebtedness due to | ||||||
9 | the municipality or has been convicted in any court located in | ||||||
10 | the United States of any infamous crime, bribery, perjury, or | ||||||
11 | other felony. | ||||||
12 | (c) A person is not eligible for the office of
alderman of | ||||||
13 | a ward unless that person has resided
in the ward that the | ||||||
14 | person seeks to represent, and a person is not eligible for the | ||||||
15 | office of trustee of a district unless that person has resided | ||||||
16 | in the
municipality, at least one year next
preceding the | ||||||
17 | election or appointment, except
as provided in Section | ||||||
18 | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, | ||||||
19 | or Section 5-2-11.
| ||||||
20 | (d) If a person (i) is a resident of a municipality | ||||||
21 | immediately prior to the active duty military service of that | ||||||
22 | person or that person's spouse, (ii) resides anywhere outside | ||||||
23 | of the municipality during that active duty military service, | ||||||
24 | and (iii) immediately upon completion of that active duty | ||||||
25 | military service is again a resident of the municipality, then | ||||||
26 | the time during which the person resides outside the |
| |||||||
| |||||||
1 | municipality during the active duty military service is deemed | ||||||
2 | to be time during which the person is a resident of the | ||||||
3 | municipality for purposes of determining the residency | ||||||
4 | requirement under subsection (a).
| ||||||
5 | (Source: P.A. 97-1091, eff. 8-24-12.)
| ||||||
6 | Section 20. The Revised Cities and Villages Act of 1941 is | ||||||
7 | amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as | ||||||
8 | follows:
| ||||||
9 | (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| ||||||
10 | Sec. 21-12. City clerk and city treasurer; Election; | ||||||
11 | Tenure. At the time of election of the mayor there shall be | ||||||
12 | elected also in a nonpartisan election a city
clerk and a city | ||||||
13 | treasurer. The candidates receiving a majority of the votes
| ||||||
14 | cast for clerk and treasurer at the consolidated primary | ||||||
15 | election shall be
declared the clerk and treasurer. If no | ||||||
16 | candidate receives a majority of the
votes for one of the | ||||||
17 | offices, a runoff election shall be held at the
consolidated | ||||||
18 | election, when only the names of the candidates receiving the
| ||||||
19 | highest and second highest number of votes for that office at | ||||||
20 | the consolidated
primary election shall appear on the ballot. | ||||||
21 | If more than one candidate
received the highest or second | ||||||
22 | highest number of votes for one of the offices
at the | ||||||
23 | consolidated primary election, the names of all candidates | ||||||
24 | receiving the
highest and second highest number of votes for |
| |||||||
| |||||||
1 | that office shall appear on the
ballot at the consolidated | ||||||
2 | election. The candidate receiving the highest
number of votes | ||||||
3 | at the consolidated election shall be declared elected.
| ||||||
4 | The clerk and treasurer each shall hold office for a
term | ||||||
5 | of 4 years beginning at noon on the third Monday in May
| ||||||
6 | following the election and until a successor is elected and | ||||||
7 | qualified. No
person, however, shall be elected to the office | ||||||
8 | of city treasurer for 2
terms in succession.
| ||||||
9 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
10 | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
| ||||||
11 | Sec. 21-28. Nomination by petition. | ||||||
12 | (a) All nominations for alderman of any ward in the city | ||||||
13 | shall be by
petition. All petitions for nominations of | ||||||
14 | candidates shall be signed by
such a number of legal voters of | ||||||
15 | the ward as will aggregate not less
than 4% two per cent
of all | ||||||
16 | the votes cast for alderman in such ward at the last preceding
| ||||||
17 | general election. For the election following the redistricting | ||||||
18 | of wards
petitions for nominations of candidates shall be | ||||||
19 | signed by the number of
legal voters of the ward as will | ||||||
20 | aggregate not less than 4% 2% of the total
number of votes cast | ||||||
21 | for mayor at the last preceding municipal election
divided by | ||||||
22 | the number of wards. | ||||||
23 | (b) All nominations for mayor, city clerk, and city | ||||||
24 | treasurer in the city shall be by petition. Each petition for | ||||||
25 | nomination of a candidate must be signed by at least 12,500 |
| |||||||
| |||||||
1 | legal voters of the city.
| ||||||
2 | (c) All such petitions, and procedure with
respect thereto,
| ||||||
3 | shall conform in other respects to the provisions of the | ||||||
4 | election and
ballot laws then in force in the city of Chicago | ||||||
5 | concerning the nomination
of independent candidates for public | ||||||
6 | office by petition. The method of
nomination herein provided is | ||||||
7 | exclusive of and replaces all other methods
heretofore provided | ||||||
8 | by law.
| ||||||
9 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
10 | (65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
| ||||||
11 | Sec. 21-30.
Form
of ballot.
Ballots to be used at any | ||||||
12 | general, supplementary or special election for
aldermen held | ||||||
13 | under the provisions of this article, in addition to other
| ||||||
14 | requirements of law, shall conform to the following | ||||||
15 | requirements:
| ||||||
16 | (1) At the top of the ballots shall be printed in capital | ||||||
17 | letters the
words designating the ballot. If a general | ||||||
18 | aldermanic election the words
shall be "Official aldermanic | ||||||
19 | election ballot"; if a supplementary election
the designating | ||||||
20 | words shall be "Official supplementary aldermanic election
| ||||||
21 | ballot"; if a special aldermanic election, the words shall be | ||||||
22 | "Special
aldermanic election ballot."
| ||||||
23 | (2) Beginning not less than one inch below such designating | ||||||
24 | words and
extending across the face of the ballot, the title of | ||||||
25 | each office to be
filled shall be printed in capital letters.
|
| |||||||
| |||||||
1 | (3) The names of candidates for different terms of service | ||||||
2 | therein (if
any there be), shall be arranged and printed in | ||||||
3 | groups according to the
length of such terms.
| ||||||
4 | (4) Immediately below the title of each office or group | ||||||
5 | heading
indicating the term of office, shall be printed in | ||||||
6 | small letters the
directions to voters, "Vote for one."
| ||||||
7 | (5) Following thereupon shall be printed the names of the | ||||||
8 | candidates for
such office according to the title and the term | ||||||
9 | thereof and below the name
of each candidate shall be printed | ||||||
10 | his place of residence, stating the
street and number (if any). | ||||||
11 | The names of candidates shall be printed in
capital letters not | ||||||
12 | less than one-eighth nor more than one-quarter of an
inch in | ||||||
13 | height, and immediately at the left of the name of each | ||||||
14 | candidate
shall be printed a square, the sides of which shall | ||||||
15 | not be less than
one-quarter of an inch in length. The names of | ||||||
16 | all the candidates for each
office shall be printed in a column | ||||||
17 | and arranged in the order hereinafter
designated; all names of | ||||||
18 | candidates shall be printed in uniform type; the
places of | ||||||
19 | residence of such candidates shall be printed in uniform type;
| ||||||
20 | and squares upon said ballots shall be of uniform size; and | ||||||
21 | spaces between
the names of the candidates for the same office | ||||||
22 | shall be of uniform size.
| ||||||
23 | (6) The names of the candidates for alderman shall appear | ||||||
24 | upon the
ballot in the order in which petitions for nomination | ||||||
25 | have been filed in
the office of the board of election | ||||||
26 | commissioners. However, 2 or more petitions filed within the |
| |||||||
| |||||||
1 | last hour of the filing deadline shall be deemed filed | ||||||
2 | simultaneously. Where 2 or more
petitions are received | ||||||
3 | simultaneously, the board of election commissioners
shall | ||||||
4 | break ties and determine the order of filing by means of a | ||||||
5 | lottery or
other fair and impartial method of random selection | ||||||
6 | approved by the board
of election commissioners. Such lottery | ||||||
7 | shall be conducted within 9 days
following the last day for | ||||||
8 | petition filing and shall be open to the public. Seven
days | ||||||
9 | written notice of the time and place of conducting such random
| ||||||
10 | selection shall be given, by the board of election | ||||||
11 | commissioners, to the
Chairman of each political party and to | ||||||
12 | each organization of citizens
within the city which was | ||||||
13 | entitled, under The Election Code, at the next
preceding | ||||||
14 | election, to have pollwatchers present on the day of election.
| ||||||
15 | The board of election commissioners shall post in a | ||||||
16 | conspicuous, open and
public place, at the entrance of the | ||||||
17 | office, notice of the time and place
of such lottery. The board | ||||||
18 | of election commissioners shall adopt rules and
regulations | ||||||
19 | governing the procedures for the conduct of such lottery.
| ||||||
20 | (Source: P.A. 86-867.)
| ||||||
21 | (65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
| ||||||
22 | Sec. 21-32.
Party
designations prohibited - Ballot to be | ||||||
23 | separate from other ballots.
| ||||||
24 | No party name, party initial, party circle platform, | ||||||
25 | principle,
appellation or distinguishing mark of any kind shall |
| |||||||
| |||||||
1 | be printed upon any
election ballot used at any aldermanic | ||||||
2 | election for mayor, city clerk, city treasurer, or alderman | ||||||
3 | held under the provisions
of this article.
| ||||||
4 | If any party primary election or any election for any | ||||||
5 | office other than
aldermanic shall be held at the same time | ||||||
6 | with any aldermanic election, the
ballots for aldermen shall be | ||||||
7 | separate from all other ballots, except that
any question of | ||||||
8 | public policy not required by law to be submitted on a
separate | ||||||
9 | ballot from that containing names of persons to be voted for | ||||||
10 | may
be submitted in the manner provided by law upon the same | ||||||
11 | ballot as that
used for an aldermanic election: Provided, that | ||||||
12 | the polls shall be opened
and closed for any aldermanic | ||||||
13 | election at the same time as is provided for
the opening and | ||||||
14 | closing of any party primary election for any office other
than | ||||||
15 | alderman held at the same time.
| ||||||
16 | (Source: Laws 1941, vol. 2, p. 19 .)
| ||||||
17 | Section 25. The School Code is amended by changing Sections | ||||||
18 | 6-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
| ||||||
19 | (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
| ||||||
20 | Sec. 6-2.
Regional board; creation; membership; abolition | ||||||
21 | and
transfer of duties.
| ||||||
22 | (a) There is created a regional board of school trustees | ||||||
23 | for that territory
in each educational service region exclusive | ||||||
24 | of any school district organized
under Article 34 and exclusive |
| |||||||
| |||||||
1 | of any school district whose school board has
been given the | ||||||
2 | powers of school trustees; provided that on the effective date
| ||||||
3 | of this amendatory Act of 1992 the regional board of school | ||||||
4 | trustees
theretofore created and existing for any territory in | ||||||
5 | an educational service
region containing 2,000,000 or more | ||||||
6 | inhabitants is abolished, the terms of
office of all members of | ||||||
7 | the regional board of school trustees so abolished are
| ||||||
8 | terminated on that effective date, and from and after that | ||||||
9 | effective date all
rights, powers, duties, and | ||||||
10 | responsibilities that were vested in or required by
law to be | ||||||
11 | exercised and performed by the former regional board of school
| ||||||
12 | trustees shall be vested in and exercised and performed by the | ||||||
13 | successors to
the former regional board of school trustees as | ||||||
14 | provided in subsection (b) of
this Section 6-2. Any school | ||||||
15 | district whose board of education acts as a board
of school | ||||||
16 | trustees shall have within its district the powers and duties | ||||||
17 | of a
regional board of school trustees.
| ||||||
18 | Unless abolished as provided in this Section, the regional | ||||||
19 | board of
school trustees, in both single county and | ||||||
20 | multi-county
educational service regions, shall consist of 7 | ||||||
21 | members. In single county
regions not more than one trustee may | ||||||
22 | be a resident of any one congressional
township; however, in | ||||||
23 | case there are fewer than 7 congressional townships
in the | ||||||
24 | region then not more than two of such trustees may be residents | ||||||
25 | of
the same congressional township. Notwithstanding the | ||||||
26 | foregoing residency provision, in a single county region with a |
| |||||||
| |||||||
1 | population of greater than 750,000 inhabitants, but less than | ||||||
2 | 1,200,000 inhabitants, 2 trustees may be residents of the same | ||||||
3 | congressional township if and only if such trustees were | ||||||
4 | elected at the April 9, 2013 consolidated election. In 2 county | ||||||
5 | regions at least 2 trustees
shall be residents of each county. | ||||||
6 | In 3 or more county regions at least
one trustee shall be a | ||||||
7 | resident of each county. If more than 7 counties
constitute the | ||||||
8 | educational service region, the regional board of school
| ||||||
9 | trustees shall consist of one resident of each county.
| ||||||
10 | The regional board of school trustees shall be a body | ||||||
11 | politic and corporate
by the name of "Regional Board of School | ||||||
12 | Trustees of.... County (or Counties),
Illinois." Such | ||||||
13 | corporation shall have perpetual existence with power to
sue | ||||||
14 | and be sued and to plead and be impleaded in all courts and | ||||||
15 | places where
judicial proceedings are had.
| ||||||
16 | (b) Upon the abolition of the regional board of school | ||||||
17 | trustees and
the termination of the terms of office of the | ||||||
18 | members of that former
regional board of school trustees in an | ||||||
19 | educational service region
containing 2,000,000 or more | ||||||
20 | inhabitants as provided in subsection (a), the
trustees of | ||||||
21 | schools of each township included within the territory of that
| ||||||
22 | educational service region that was served by the former | ||||||
23 | regional board of
school trustees, or if any such township is a | ||||||
24 | township referred to in
subsection (b) of Section 5-1 and there | ||||||
25 | are no trustees of schools acting
in that township then the | ||||||
26 | school board of each school district located in
that township, |
| |||||||
| |||||||
1 | shall be the successors to the former regional board of
school | ||||||
2 | trustees. As successors to the former regional board of school
| ||||||
3 | trustees, the trustees of schools of each such township and the | ||||||
4 | school
board of each such school district, with respect to all | ||||||
5 | territory included
within the school township or school | ||||||
6 | district served by the trustees of
schools of the township or | ||||||
7 | school board, shall be vested with and shall
exercise and | ||||||
8 | perform all rights, powers, duties, and responsibilities
| ||||||
9 | formerly held, exercised, and performed with respect to that | ||||||
10 | territory by
the regional board of school trustees abolished | ||||||
11 | under subsection (a) of this Section.
| ||||||
12 | Upon abolition of the regional board of school trustees in | ||||||
13 | an educational
service region having 2,000,000 or more | ||||||
14 | inhabitants as provided in
subsection (a) of this Section, all | ||||||
15 | books, records, maps, papers,
documents, equipment, supplies, | ||||||
16 | accounts, deposits, and other personal
property belonging to or | ||||||
17 | subject to the control or disposition of the
former regional | ||||||
18 | board of school trustees (excepting only such items as may
have | ||||||
19 | been provided by the county board) shall be transferred and | ||||||
20 | delivered
to the trustees of schools of the townships and the | ||||||
21 | school boards that are
the successors to the former regional | ||||||
22 | board of school trustees for the
territory included within | ||||||
23 | their respective school townships or school
districts.
| ||||||
24 | From and after the effective date of this amendatory Act of | ||||||
25 | 1992, any
reference in the School Code or any other law of this | ||||||
26 | State to the regional
board of school trustees or county board |
| |||||||
| |||||||
1 | of school trustees shall mean,
with respect to all territory | ||||||
2 | within an educational service region
containing 2,000,000 or | ||||||
3 | more inhabitants that formerly was served by a
regional board | ||||||
4 | of school trustees abolished under subsection (a) of this
| ||||||
5 | Section, the trustees of schools of the township or the school | ||||||
6 | board of the
school district that is the successor to the | ||||||
7 | former regional board of
school trustees with respect to the | ||||||
8 | territory included within that school
township or school | ||||||
9 | district.
| ||||||
10 | (Source: P.A. 87-969.)
| ||||||
11 | (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
| ||||||
12 | Sec. 6-19. Vacancy on regional board. Subject to the | ||||||
13 | residency provisions in Section 6-2 of this Code, any Any | ||||||
14 | vacancy on the regional board of school trustees shall be | ||||||
15 | filled
from the same territory by the remaining members until | ||||||
16 | the next regular
election for members of the regional board of | ||||||
17 | school trustees, when the
vacancy shall be filled for the | ||||||
18 | unexpired time.
Removal of a member from the township from | ||||||
19 | which such member was elected
into a township which has its | ||||||
20 | quota of members on the board shall
constitute a vacancy.
| ||||||
21 | (Source: P.A. 80-1469.)
| ||||||
22 | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| ||||||
23 | Sec. 9-10. Candidates for office - Nominating petitions. | ||||||
24 | Candidates for
the office of school director shall be nominated |
| |||||||
| |||||||
1 | by petition signed by at
least 25 voters or 5% of the voters, | ||||||
2 | whichever is less, residing within
the district and filed with | ||||||
3 | the county clerk or the county board of election commissioners, | ||||||
4 | as the case may be, of the county in which the principal office | ||||||
5 | of the school district is located secretary of the board of | ||||||
6 | school directors
or with a person designated by the board to | ||||||
7 | receive nominating petitions .
| ||||||
8 | Nominations for members of boards of education, including | ||||||
9 | non-high school
boards of education shall be made by a petition | ||||||
10 | signed by at least 50 voters
or 10% of the voters, whichever is | ||||||
11 | less, residing within the district and
shall be filed with the | ||||||
12 | county clerk or the county board of election commissioners, as | ||||||
13 | the case may be, of the county in which the principal office of | ||||||
14 | the school district is located secretary of the board of | ||||||
15 | education or with a
person designated by the board to receive | ||||||
16 | nominating petitions . In addition
to the requirements of the | ||||||
17 | general election law, the form of such petitions
shall be | ||||||
18 | substantially as follows:
| ||||||
19 | NOMINATING PETITIONS
| ||||||
20 | (LEAVE OUT THE INAPPLICABLE PART.)
| ||||||
21 | To the (County Clerk or County Board of Election | ||||||
22 | Commissioners) secretary of the board of education (or board of | ||||||
23 | directors)
of district number .... of in .... County:
| ||||||
24 | We the undersigned, being (.... or more) (or 10% or more) | ||||||
25 | (or 5% or more)
of the voters residing within said district, | ||||||
26 | hereby petition that .... who
resides at .... in the (city or |
| |||||||
| |||||||
1 | village) of .... in Township .... (or who
resides outside any | ||||||
2 | city, village or incorporated town and in Township ....) in
| ||||||
3 | said district shall be a candidate for the office of .... of | ||||||
4 | the board of
education (or board of directors) (full term) | ||||||
5 | (vacancy) to be voted for at the
election to be held on (insert | ||||||
6 | date).
| ||||||
7 | Name: .................. Address: ...................
| ||||||
8 | In the designation of the name of a candidate on a petition | ||||||
9 | for
nomination, the candidate's given name or names, initial or | ||||||
10 | initials, a nickname by which the candidate is commonly known, | ||||||
11 | or a combination thereof may be used in addition to the | ||||||
12 | candidate's surname. If a candidate has changed his or her | ||||||
13 | name, whether by a statutory or common law procedure in | ||||||
14 | Illinois or any other jurisdiction, within 3 years before the | ||||||
15 | last day for filing the petition, then (i) the candidate's name | ||||||
16 | on the petition must be followed by "formerly known as (list | ||||||
17 | all prior names during the 3-year period) until name changed on | ||||||
18 | (list date of each such name change)" and (ii) the petition | ||||||
19 | must be accompanied by the candidate's affidavit stating the | ||||||
20 | candidate's previous names during the period specified in | ||||||
21 | clause (i) and the date or dates each of those names was | ||||||
22 | changed; failure to meet these requirements shall be grounds | ||||||
23 | for denying certification of the candidate's name for the | ||||||
24 | ballot, but these requirements do not apply to name changes | ||||||
25 | resulting from adoption to assume an adoptive parent's or |
| |||||||
| |||||||
1 | parents' surname, marriage to assume a spouse's surname, or | ||||||
2 | dissolution of marriage or declaration of invalidity of | ||||||
3 | marriage to assume a former surname. No other designation, such | ||||||
4 | as a political slogan, as defined by Section 7-17 of the | ||||||
5 | Election Code, title or degree, or nickname suggesting or | ||||||
6 | implying possession of a title, degree or professional status, | ||||||
7 | or similar information may be used in connection with the | ||||||
8 | candidate's surname.
| ||||||
9 | Nomination papers filed under this Section are not valid | ||||||
10 | unless the candidate
named therein files with the county clerk | ||||||
11 | or the county board of election commissioners, as the case may | ||||||
12 | be, of the county in which the principal office of the school | ||||||
13 | district is located secretary of the board of education or a
| ||||||
14 | person designated by the board to receive nominating petitions | ||||||
15 | a receipt
from the county clerk showing that the candidate has | ||||||
16 | filed a statement of
economic interests as required by the | ||||||
17 | Illinois Governmental Ethics Act.
Such receipt shall be so | ||||||
18 | filed either previously during the calendar year
in which his | ||||||
19 | nomination papers were filed or within the period for the | ||||||
20 | filing
of nomination papers in accordance with the general | ||||||
21 | election law.
| ||||||
22 | All petitions for the nomination of members of a board of | ||||||
23 | education shall
be filed with the county clerk or the county | ||||||
24 | board of election commissioners, as the case may be, of the | ||||||
25 | county in which the principal office of the school district is | ||||||
26 | located secretary of the board or a person designated by the
|
| |||||||
| |||||||
1 | board to receive nominating petitions within the time provided | ||||||
2 | for
by the general election law. The county clerk or the county | ||||||
3 | board of election commissioners secretary shall receive and | ||||||
4 | file only
those petitions which include a statement of | ||||||
5 | candidacy, the required number
of voter signatures, the | ||||||
6 | notarized signature of the petition circulator
and a receipt | ||||||
7 | from the County Clerk showing that the candidate has filed
a | ||||||
8 | statement of economic interest on or before the last day to | ||||||
9 | file as required
by the Illinois Governmental Ethics Act. The | ||||||
10 | county clerk or the county board of election commissioners | ||||||
11 | secretary may have petition
forms available
for issuance to | ||||||
12 | potential candidates, and may give notice of the petition
| ||||||
13 | filing period by publication in a newspaper of general | ||||||
14 | circulation within
the school district not less than 10 days | ||||||
15 | prior to the first day of filing.
The county clerk or the | ||||||
16 | county board of election commissioners Said secretary shall | ||||||
17 | make certification to the proper election authorities
in | ||||||
18 | accordance with the general election law.
If the secretary is | ||||||
19 | an incumbent school board member seeking re-election,
a | ||||||
20 | disinterested person must be a witness to the filing of his | ||||||
21 | petition.
| ||||||
22 | The county clerk or the county board of election | ||||||
23 | commissioners, as the case may be, of the county in which the | ||||||
24 | principal office of the school district is located secretary of | ||||||
25 | the board of education shall notify the candidates
for whom a | ||||||
26 | petition for nomination is filed or the appropriate committee
|
| |||||||
| |||||||
1 | of the obligations under the Campaign Financing Act as provided | ||||||
2 | in the general
election law. Such notice
shall be given on a | ||||||
3 | form prescribed by the State Board of Elections and
in | ||||||
4 | accordance with the requirements of the general election law. | ||||||
5 | The county clerk or county board of election commissioners | ||||||
6 | secretary
shall within 7 days of filing or on the last day for | ||||||
7 | filing, whichever is
earlier, acknowledge to the petitioner in | ||||||
8 | writing the office's his acceptance of the
petition.
| ||||||
9 | A candidate for membership on the board of education or for | ||||||
10 | office as a
school director, who has petitioned for nomination | ||||||
11 | to fill a full term and
to fill a vacant term to be voted upon | ||||||
12 | at the same election, must withdraw
his or her petition for | ||||||
13 | nomination from either the full term or the vacant
term by | ||||||
14 | written declaration.
| ||||||
15 | In all newly organized districts the petition for the | ||||||
16 | nomination of
candidates
for members of the board of education | ||||||
17 | at the first election shall be addressed
to and filed with the | ||||||
18 | regional superintendent of schools in the manner herein
| ||||||
19 | specified for the petitions for
members of a board of | ||||||
20 | education. For such election the regional superintendent
shall | ||||||
21 | fulfill all duties otherwise assigned to the secretary of the | ||||||
22 | board
of education.
| ||||||
23 | (Source: P.A. 95-141, eff. 8-13-07.)
| ||||||
24 | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| ||||||
25 | Sec. 10-10. Board of education; Term; Vacancy. All school |
| |||||||
| |||||||
1 | districts
having a population of not fewer than 1,000 and not | ||||||
2 | more than 500,000
inhabitants, as ascertained by any special or | ||||||
3 | general census, and not
governed by special Acts, shall be | ||||||
4 | governed by a board of education
consisting of 7 members, | ||||||
5 | serving without compensation except as herein
provided. Each | ||||||
6 | member shall be elected for a term of 4 years for the initial | ||||||
7 | members
of the board of education of a combined school district | ||||||
8 | to which that
subsection applies. If 5 members are elected in | ||||||
9 | 1983 pursuant to the extension
of terms provided by
law for | ||||||
10 | transition to the consolidated election schedule under the | ||||||
11 | general
election law, 2 of those members shall be elected to | ||||||
12 | serve terms of 2 years
and 3 shall be elected to serve terms of | ||||||
13 | 4 years; their successors shall
serve for a 4 year term. When | ||||||
14 | the voters of a district have voted to elect
members of the | ||||||
15 | board of education for 6 year terms, as provided in Section
| ||||||
16 | 9-5, the terms of office of members of the board of education | ||||||
17 | of that
district expire when their successors assume office but | ||||||
18 | not later than 7
days after such election. If at the regular | ||||||
19 | school election held in the
first odd-numbered year after the | ||||||
20 | determination to elect members for 6 year
terms 2 members are | ||||||
21 | elected, they shall serve for a 6 year term; and of the
members | ||||||
22 | elected at the next regular school election 3 shall serve for a
| ||||||
23 | term of 6 years and 2 shall serve a term of 2 years. Thereafter | ||||||
24 | members
elected in such districts shall be elected to a 6 year | ||||||
25 | term. If at the
regular school election held in the first | ||||||
26 | odd-numbered year after the
determination to elect members for |
| |||||||
| |||||||
1 | 6 year terms 3 members are elected, they
shall serve for a 6 | ||||||
2 | year term; and of the members elected at the next
regular | ||||||
3 | school election 2 shall serve for a term of 2 years and 2 shall
| ||||||
4 | serve for a term of 6 years. Thereafter members elected in such | ||||||
5 | districts
shall be elected to a 6 year term. If at the regular | ||||||
6 | school election held
in the first odd-numbered year after the | ||||||
7 | determination to elect members for
6 year terms 4 members are | ||||||
8 | elected, 3 shall serve for a term of 6 years and
one shall | ||||||
9 | serve for a term of 2 years; and of the members elected at the
| ||||||
10 | next regular school election 2 shall serve for terms of 6 years | ||||||
11 | and 2 shall
serve for terms of 2 years. Thereafter members | ||||||
12 | elected in such districts
shall be elected to a 6 year term. If | ||||||
13 | at the regular school election held
in the first odd-numbered | ||||||
14 | year after the determination to elect members for
a 6 year term | ||||||
15 | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | ||||||
16 | shall serve for a term of 2 years; and of the members elected | ||||||
17 | at the
next regular school election 2 shall serve for terms of | ||||||
18 | 6 years and 2 shall
serve for terms of 2 years. Thereafter | ||||||
19 | members elected in such districts
shall be elected to a 6 year | ||||||
20 | term. An election for board members shall not
be held in school | ||||||
21 | districts which by consolidation, annexation or otherwise
| ||||||
22 | shall cease to exist as a school district within 6 months after | ||||||
23 | the
election date, and the term of all board members which | ||||||
24 | would otherwise
terminate shall be continued until such | ||||||
25 | district shall cease to exist. Each
member, on the date of his | ||||||
26 | or her election, shall be a
citizen of the United
States of the |
| |||||||
| |||||||
1 | age of 18 years or over, shall be a resident of the State and
| ||||||
2 | the
territory of the district for at least one year immediately | ||||||
3 | preceding his or
her
election, shall be a registered voter as | ||||||
4 | provided in the general election
law,
shall not be a school | ||||||
5 | trustee, and shall not be a child
sex offender as defined in | ||||||
6 | Section 11-9.3 of the
Criminal Code of 2012. When the board of
| ||||||
7 | education is the successor of the school directors, all rights | ||||||
8 | of property,
and all rights regarding causes of action existing | ||||||
9 | or vested in such
directors, shall vest in it as fully as they | ||||||
10 | were vested in the school
directors. Terms of members are | ||||||
11 | subject to Section 2A-54 of the Election Code.
| ||||||
12 | Nomination papers filed under this Section are not valid | ||||||
13 | unless the candidate
named therein files with the county clerk | ||||||
14 | or the county board of election commissioners, as the case may | ||||||
15 | be, of the county in which the principal office of the school | ||||||
16 | district is located secretary of the board of education or with
| ||||||
17 | a person designated by the board to receive nominating | ||||||
18 | petitions a receipt
from the county clerk showing that the | ||||||
19 | candidate has filed a statement of
economic interests as | ||||||
20 | required by the Illinois Governmental Ethics Act.
Such receipt | ||||||
21 | shall be so filed either previously during the calendar year
in | ||||||
22 | which his nomination papers were filed or within the period for | ||||||
23 | the filing
of nomination papers in accordance with the general | ||||||
24 | election law.
| ||||||
25 | Whenever a vacancy occurs, the remaining members shall | ||||||
26 | notify the
regional superintendent of that vacancy within 5 |
| |||||||
| |||||||
1 | days after its occurrence
and shall proceed to fill the vacancy | ||||||
2 | until the next regular school
election, at which election a | ||||||
3 | successor shall be elected to serve the
remainder of the | ||||||
4 | unexpired term. However, if the vacancy occurs with less
than | ||||||
5 | 868 days remaining in the term, or if the vacancy occurs
less | ||||||
6 | than 88
days before the next regularly scheduled election for | ||||||
7 | this office then the
person so appointed shall serve the | ||||||
8 | remainder of the unexpired term, and no
election to fill the | ||||||
9 | vacancy shall be held. Should they fail so to
act, within 45 | ||||||
10 | days after the vacancy occurs, the regional superintendent
of | ||||||
11 | schools under whose supervision and control the district is | ||||||
12 | operating,
as defined in Section 3-14.2 of this Act, shall | ||||||
13 | within 30 days after the
remaining members have failed to fill | ||||||
14 | the vacancy, fill the vacancy as
provided for herein. Upon the | ||||||
15 | regional superintendent's failure to fill the
vacancy, the | ||||||
16 | vacancy shall be filled at the next regularly scheduled
| ||||||
17 | election. Whether elected or appointed by the remaining members | ||||||
18 | or regional
superintendent, the successor shall be an | ||||||
19 | inhabitant of the particular area
from which his or her | ||||||
20 | predecessor was elected if the residential requirements
| ||||||
21 | contained in Section 10-10.5 or 12-2 of this Code apply.
| ||||||
22 | A board of education may appoint a student to the board to | ||||||
23 | serve in an advisory capacity. The student member shall serve | ||||||
24 | for a term as determined by the board. The board may not grant | ||||||
25 | the student member any voting privileges, but shall consider | ||||||
26 | the student member as an advisor. The student member may not |
| |||||||
| |||||||
1 | participate in or attend any executive session of the board.
| ||||||
2 | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
| ||||||
3 | (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
| ||||||
4 | Sec. 32-1. May vote to organize under general law.
| ||||||
5 | (a) Any special charter district may, by vote of its | ||||||
6 | electors, cease to
control its school under the Act under which | ||||||
7 | it was organized, and become part
of the school township or | ||||||
8 | townships in which it is situated. Upon petition of
50 voters | ||||||
9 | of the district, presented to the board having the control and
| ||||||
10 | management of the schools, the board shall order submitted to | ||||||
11 | the voters at an
election to be held in the district, in | ||||||
12 | accordance with the general election
law, the question of | ||||||
13 | "organizing under the general school law".
The secretary of the | ||||||
14 | board shall make certification to the proper election
authority | ||||||
15 | in accordance with the general election law. If, however, a
| ||||||
16 | majority of the votes cast at any such election in any school | ||||||
17 | district subject
to Sections 32-3 through 32-4.11 is against | ||||||
18 | organizing the district under
the general school law, the | ||||||
19 | question may not again be submitted in the district
for 22 | ||||||
20 | months thereafter, and then only upon petition signed by at | ||||||
21 | least 2% of
the voters of the school district. Notice shall be | ||||||
22 | given in accordance with
the general election law, which notice | ||||||
23 | shall be in the following form:
| ||||||
24 | NOTICE OF REFERENDUM
| ||||||
25 | Notice is hereby given that on (insert date), a referendum |
| |||||||
| |||||||
1 | will be held at.... for the purpose of deciding the
question of | ||||||
2 | organizing under the general school law. The polls will be | ||||||
3 | opened
at .... o'clock ..m and closed at .... o'clock ..m.
| ||||||
4 | Signed .....
| ||||||
5 | If a majority of the votes cast on the proposition is in | ||||||
6 | favor of organizing
under the general school law, then the | ||||||
7 | board having the control and management
of schools in the | ||||||
8 | district, shall declare the proposition carried.
| ||||||
9 | When such a proposition is declared to have so carried, the | ||||||
10 | board of
education shall continue to exercise its powers and | ||||||
11 | duties under the general
school law. Each member of the board | ||||||
12 | of education selected under the provisions
of the special | ||||||
13 | charter shall continue in office until his term has expired.
| ||||||
14 | Before the term of each of these members expires, the board | ||||||
15 | shall give notice
of an election to be held on the date of the | ||||||
16 | next regular school election, in
accordance with the general | ||||||
17 | election law to fill the vacancy which is created.
Nomination | ||||||
18 | papers filed under this Section are not valid unless the | ||||||
19 | candidate
named therein files with the county clerk or the | ||||||
20 | county board of election commissioners, as the case may be, of | ||||||
21 | the county in which the principal office of the school district | ||||||
22 | is located secretary of the board of education a receipt
from | ||||||
23 | the county clerk showing that the candidate has filed a | ||||||
24 | statement of
economic interests as required by the Illinois | ||||||
25 | Governmental Ethics Act.
Such receipt shall be so filed either |
| |||||||
| |||||||
1 | previously during the calendar year
in which his nomination | ||||||
2 | papers were filed or within the period for the filing
of | ||||||
3 | nomination papers in accordance with the general election law.
| ||||||
4 | (b) Notwithstanding the foregoing, any special charter | ||||||
5 | district whose board
is appointed by the mayor or other | ||||||
6 | corporate authority of that municipality
may, by resolution | ||||||
7 | adopted by the corporate authorities of that municipality
cease | ||||||
8 | to control its school under the Act under which it was | ||||||
9 | organized,
become a part of the school township or townships in | ||||||
10 | which it is situated
and become organized under the general | ||||||
11 | school law. If such a resolution
is adopted, the board of | ||||||
12 | education shall continue to exercise its powers
and duties | ||||||
13 | under the general school law. Each member of the board of | ||||||
14 | education
selected under the provisions of the special charter | ||||||
15 | shall continue in office
until his term has expired. Before the | ||||||
16 | term of each of these members expires,
the board shall give | ||||||
17 | notice of an election to be held on the date of the
next | ||||||
18 | regular school election, in accordance with the general | ||||||
19 | election law
to fill the vacancy which is created.
| ||||||
20 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
21 | (105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
| ||||||
22 | Sec. 32-2.5. Election of board of education in lieu of | ||||||
23 | appointive board. In all special charter districts having a | ||||||
24 | population of over 35,000 by the
last federal census, where the | ||||||
25 | board of directors or board of education
is elected or |
| |||||||
| |||||||
1 | appointed by the city council of the city, of which school
| ||||||
2 | district such city may form the whole or a part, and where | ||||||
3 | there are no
provisions in the special charter creating such | ||||||
4 | school district for the
election of a board of directors or | ||||||
5 | board of education, there shall be elected
in lieu of the | ||||||
6 | present governing body a board of education to consist of
7 | ||||||
7 | members. Nomination of a candidate for member of the board of | ||||||
8 | education
shall be made by petitions signed in the aggregate by | ||||||
9 | not less than 200
qualified voters residing in the school | ||||||
10 | district, and also by filing with
the petitions a statement of | ||||||
11 | candidacy as provided in the general election
law, which | ||||||
12 | petitions and statements
of candidacy shall be filed in the | ||||||
13 | office of the board of education in
accordance with the general | ||||||
14 | election law.
| ||||||
15 | Nomination papers filed under this Section are not valid | ||||||
16 | unless the candidate
named therein files with the county clerk | ||||||
17 | or the county board of election commissioners, as the case may | ||||||
18 | be, of the county in which the principal office of the school | ||||||
19 | district is located secretary of the board of education a | ||||||
20 | receipt
from the county clerk showing that the candidate has | ||||||
21 | filed a statement of
economic interests as required by the | ||||||
22 | Illinois Governmental Ethics Act.
Such receipt shall be so | ||||||
23 | filed either previously during the calendar year
in which his | ||||||
24 | nomination papers were filed or within the period for the | ||||||
25 | filing
of nomination papers in accordance with the general | ||||||
26 | election law.
|
| |||||||
| |||||||
1 | The county clerk or the county board of election | ||||||
2 | commissioners secretary of the board shall make certification | ||||||
3 | to the proper election
authority in accordance with the general | ||||||
4 | election law.
| ||||||
5 | (Source: P.A. 81-1490.)
| ||||||
6 | Section 30. The Fox Waterway Agency Act is amended by | ||||||
7 | changing Section 5 as follows:
| ||||||
8 | (615 ILCS 90/5) (from Ch. 19, par. 1205)
| ||||||
9 | Sec. 5. The Agency shall be governed by a Board of | ||||||
10 | Directors, which
shall consist of 6 directors and one chairman | ||||||
11 | elected pursuant to this Section.
| ||||||
12 | Three directors shall be elected from within the territory | ||||||
13 | of each
member county. Any resident
of a member county and the | ||||||
14 | territory of the Agency, at least 18 years
of age, may become a | ||||||
15 | candidate for
election as a director by filing a nominating | ||||||
16 | petition
with the State Board of Elections containing the | ||||||
17 | verified
signatures of at least 200 of the registered
voters of | ||||||
18 | such county who reside within the territory of the Agency.
Such | ||||||
19 | petition shall be filed not more than 113 78 nor
less than 106 | ||||||
20 | 71 days prior to the date of election.
| ||||||
21 | The chairman shall be elected at large from the territory | ||||||
22 | of the Agency.
Any person eligible to become a candidate for | ||||||
23 | election as director may become
a candidate for election as | ||||||
24 | chairman by filing a nominating petition with
the State Board |
| |||||||
| |||||||
1 | of Elections containing the
verified signatures of at least 200 | ||||||
2 | of the
registered voters of each member county who reside | ||||||
3 | within the territory
of the Agency. Such petition shall be | ||||||
4 | filed
not more than 113 78 nor less than 106 71 days prior to | ||||||
5 | the date of the election.
| ||||||
6 | Within
7 days after each consolidated election at which the | ||||||
7 | chairman is
elected, the county clerk of each member county | ||||||
8 | shall transmit the returns
for the election to the office of | ||||||
9 | chairman
to the
State Board of Elections.
The State Board of | ||||||
10 | Elections shall immediately canvass the returns
and proclaim | ||||||
11 | the results thereof and shall issue a certificate of election
| ||||||
12 | to the person so elected.
| ||||||
13 | Beginning in 1985, the directors and chairman shall be | ||||||
14 | elected at the
consolidated election and shall serve from the | ||||||
15 | third Monday in May
following their respective elections until | ||||||
16 | their respective successors are
elected and qualified. The term | ||||||
17 | of office of a director shall be for 4
years, except that of | ||||||
18 | the directors elected at the consolidated election of
1985, 3 | ||||||
19 | shall serve until the first Monday in May 1987 and 3
shall | ||||||
20 | serve until the first Monday in May 1989. The term of office
of | ||||||
21 | a chairman shall be 4 years.
| ||||||
22 | At least 90 days before the consolidated election of 1985 | ||||||
23 | the State Board
of Elections shall meet to determine by lot | ||||||
24 | which 3 director positions
shall be elected for terms to expire | ||||||
25 | on the first Monday in May 1987 and
which 3 director positions | ||||||
26 | shall be elected for terms to expire on the
first Monday in May |
| |||||||
| |||||||
1 | 1989. At least one director position from each member
county | ||||||
2 | shall be elected for a term to expire on the first Monday in | ||||||
3 | May 1987.
| ||||||
4 | The county clerks of the member counties shall provide | ||||||
5 | notice of each
election for chairman and director
in the manner | ||||||
6 | prescribed in Article 12 of The Election Code, with the
notice | ||||||
7 | of the elections to be held at the consolidated election of | ||||||
8 | 1985 to
include a statement as to whether the director is to be | ||||||
9 | elected for a term of
2 years or for a term of 4 years.
| ||||||
10 | A chairman shall be elected at the consolidated election of | ||||||
11 | 1985 and at
each consolidated election every 4 years | ||||||
12 | thereafter. Six directors shall be
elected at the consolidated | ||||||
13 | election of 1985. At the consolidated election
of 1987, and at | ||||||
14 | each consolidated election every 4 years thereafter,
directors | ||||||
15 | shall be elected from the constituencies of the directors who
| ||||||
16 | were elected at the consolidated election of 1985 and whose | ||||||
17 | terms expired on
the first Monday in May 1987. At the | ||||||
18 | consolidated election of 1989, and at
each consolidated | ||||||
19 | election every 4 years thereafter, directors shall be
elected | ||||||
20 | from the constituencies of the directors who were elected at | ||||||
21 | the
consolidated election of 1985 and whose terms expired on | ||||||
22 | the first Monday in May 1989.
| ||||||
23 | Vacancies in the office of director or chairman shall be | ||||||
24 | filled by the
remaining members of the Board, who shall appoint | ||||||
25 | to fill the vacated
office for the remainder of the term of | ||||||
26 | such office an individual who would
be eligible for election to |
| |||||||
| |||||||
1 | such office.
If, however, a vacancy occurs in the office of | ||||||
2 | chairman or director
with at least 28 months remaining in the | ||||||
3 | term of such office, the office
shall be filled for the | ||||||
4 | remainder of the term at the next consolidated
election. Until | ||||||
5 | the office is filled by election, the remaining members of
the | ||||||
6 | Board shall appoint a qualified person to the office in the | ||||||
7 | manner provided
in this Section.
| ||||||
8 | (Source: P.A. 93-847, eff. 7-30-04.)
| ||||||
9 | Section 35. The Illinois Vehicle Code is amended by | ||||||
10 | changing Section 6-110.1 as follows:
| ||||||
11 | (625 ILCS 5/6-110.1)
| ||||||
12 | Sec. 6-110.1. Confidentiality of captured photographs or | ||||||
13 | images. The
Secretary of State shall maintain a file on or | ||||||
14 | contract to file all photographs
and signatures obtained in the | ||||||
15 | process of issuing a driver's license, permit,
or | ||||||
16 | identification card. The photographs and signatures shall be | ||||||
17 | confidential
and shall not be disclosed except to the following | ||||||
18 | persons:
| ||||||
19 | (1) the individual upon written request;
| ||||||
20 | (2) officers and employees of the Secretary of State | ||||||
21 | who have a need
to have access to the stored images for | ||||||
22 | purposes of issuing and controlling
driver's licenses, | ||||||
23 | permits, or identification cards;
| ||||||
24 | (3) law enforcement officials for a lawful civil or |
| |||||||
| |||||||
1 | criminal
law enforcement investigation; or
| ||||||
2 | (3-5) the State Board of Elections for the sole purpose | ||||||
3 | of providing the signatures required by a local election | ||||||
4 | authority to register a voter through an online voter | ||||||
5 | registration system; or
| ||||||
6 | (4) other entities that the Secretary may exempt by | ||||||
7 | rule.
| ||||||
8 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
9 | Section 97. Severability. The provisions of this Act are | ||||||
10 | severable under Section 1.31 of the Statute on Statutes.
|